Kee v. . Dillingham

The defendants’ demurrer ore terms, interposed in the court below, on the ground that the plaintiffs’ complaint did not state facts sufficient to constitute a cause of action was properly overruled, as was their demurrer to the plaintiffs’ evidence. While some of the matters complained of as grounds for the relief sought would seem to involve mere expressions of opinion or promissory representations, we think there are allegations and evidence in support which under the principle stated in Bank v. Yelverton, 185 N. C., 314, 117 S. E., 299, are sufficient to withstand a demurrer and to carry…