Herring v. Volume Merchandise, Inc.

The court has authority to decide issues of law raised by the pleadings, but when the pleadings present disputed factual questions a party who has not waived his rights is entitled to have a jury decide the controversy. G.S. 1-172. Phillips v. Gilbert, 248 N.C. 183, 102 S.E. 2d 771; Erickson v. Starling, 235 N.C. 643, 71 S.E. 2d 384.

Pleadings must be liberally construed to permit substantial justice between the parties. G.S. 1-151. We examine the pleadings and the law with this -injunction in mind.

Plaintiffs sued Volume Merchandise, Inc. in December 1956. The complaint then filed merely…