Perry v. Doub

G.S. 1-123 provides in part: “The plaintiff may unite in the same complaint several causes of action, of legal or equitable nature, or both, where they all arise out of- — ■ ... 2. Contract, express or implied.”

Here all five causes of action declared on in the complaint arise out of contract. The first two are for the recovery, by way of recoupment as against the defendant Robertson, for moneys alleged to have been wrongfully withheld by him under the loan contracts of $22,000 and $3,000. 47 Am. Jur., Set-off and Counterclaim, Sections 2 and 9. The third and fourth causes are to have the…