Batchelor v. Mitchell

The single ground of the demurrer is that the complaint fails to set forth facts sufficient to constitute a cause of action. By so demurring to the complaint, the defendants, for the purpose of determining the demurrer, admit as true every material fact properly alleged in the complaint. Gaines v. Mfg. Co., 234 N.C. 331, 67 S.E. 2d 355; Bryant v. Ice Co., 233 N.C. 266, 63 S.E. 2d 547. The rule is that if the complaint is good in any respect, or to any extent, it may not be overthrown by demurrer for failure to state a cause of action. Pharr v. Pharr, 223 N.C. 115, 25 S.E. 2d 471; Byers v.…