Legal Opinion

Dorsett v. GROUP DEVELOPMENT CORPORATION

Court of Appeals of North Carolina

Decided August 14, 1968No. 68SC142PublishedCited by 2 opinions

1Opinion of the CourtMorris, J.

When the legal sufficiency of a pleading is tested by demurrer, the facts alleged and relevant inferences of fact reasonably deducible therefrom are admitted, but not the legal conclusions of the pleader. Pardue v. Speedway, Inc., 273 N.C. 314, 159 S.E. 2d 857.

Plaintiffs contend that the complaint presents a unique, factual situation, deemed admitted for purposes of testing its sufficiency by demurrer, and states two causes of action entitling them to the relief sought. We do not agree.

The first cause of action, plaintiffs contend, is sufficient to allege a violation.of the restrictive…

2Cases cited8 opinions

  1. Long v. BranhamSupreme Court of North Carolina · 1967
  2. Hege v. SellersSupreme Court of North Carolina · 1954
  3. Reed v. ElmoreSupreme Court of North Carolina · 1957
  4. Louisville Refining Company v. MuddCourt of Appeals of Kentucky (pre-1976) · 1960
  5. Hooks v. INTERNATIONAL SPEEDWAYS, INCORPARTEDSupreme Court of North Carolina · 1965

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hill v. PerkinsCourt of Appeals of North Carolina · 1987
  2. Asheville Mall, Inc. v. Sam Wyche Sports World, Inc.Court of Appeals of North Carolina · 1990

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