Kirby v. Reynolds

.ClaeksoN, J.

We think the demurrer of defendants should have been sustained on the ground that “the complaint does not state facts sufficient to constitute a cause of action.” N. C. Code, 1935 (Michie), sec. 511 (6).

0. S., 535 is as follows: “In the construction of a pleading for the purpose of determining its effect its allegations shall be liberally construed with a view to substantial justice between the parties.”

In Blackmore v. Winders, 144 N. C., 212 (215-16), speaking to the subject we find: “The uniform rule prevailing under our present system is that, for the purpose of ascertaining…