Guilford Realty & Insurance Co. v. Blythe Bros. Co.

This appeal presents two questions: 1. Does the complaint state facts sufficient to constitute a cause of action? 2. If so, do the facts alleged in the challenged portions of the answer constitute a defense to plaintiff’s alleged cause of action?

Defendants, in their demurrer ore tenus, asserted in general terms that the complaint did not allege facts sufficient to constitute a cause of action. G.S. 1-127 (6). They did not, so far as the record shows, “distinctly specify the grounds of objection to the complaint” and their demurrer “might well have been disregarded” by the court below. Griffin…