Roberts v. Heffner

MARTIN (Robert M.), Judge.

First we note that under N.C. Gen. Stat. § 1A-1, Rule 7(c), “pleas” are specifically abolished; but under Rule 12(b), every defense may be raised by responsive pleading — in this case by reply to defendants’ counterclaims. A defense which introduces new matter in an attempt to avoid defendant’s counterclaim, regardless of the truth or falsity of the allegations in the counterclaim, is an affirmative defense. N.C. Gen. Stat. § 1A-1, Rule 8(c). Thus, plaintiffs’ “plea in bar” asserting that defendants were barred from any recovery of damages for breach of contract or…