Cotton Mills v. . Manufacturing Co.

Stacy, 0. J.

As tbe preliminary representations constitute a part of the alleged fraud, the motion to strike was properly denied. Trust Co. v. Dunlop, 214 N. C., 196, 198 S. E., 645; Hildebrand v. Tel. Co., 216 N. C., 235, 4 S. E. (2d), 439. The action is one sounding in tort.

The demurrer of the individual defendants was likewise properly overruled. It is alleged that they were officers and agents of the corporate defendant and “actually caused and participated in the wrongful acts” of their principal, which are specifically set out. This saves the complaint from fatal infirmity as to the…