Winston v. Williams & McKeithan Lumber Co.

The sole question here is as to the correctness of the action of the judge of Superior Court in overruling the demurrer to the complaint. In the light of appropriate procedure and applicable principles of law, we have opinion accordant with the ruling.

“The office of demurrer is to test the sufficiency of a pleading, admitting for the purpose the truth of the allegations of fact contained therein, and ordinarily relevant inferences of fact necessarily deducible therefrom are also admitted . . .” Ballinger v. Thomas, 195 N. C., 517, 142 S. E., 761. Both the statute, G. S., 1-151, and the…