Turner v. Weber

VAUGHN, Judge.

We first consider plaintiff’s challenges to the overruling of his motions for summary judgment and judgment on the pleadings under Rule 12(c) as raised by his second, third and twenty-third assignments of error. Plaintiff contends1 that *579defendant Weber should not have been allowed to plead because of an alleged failure to comply with the requirements of G.S. 1-111 and that Weber was estopped to plead fraud because of the relationship of landlord and tenant existing between plaintiff and Weber. G.S. 1-111 provides that in all actions for the recovery or possession of real…