Ripley v. Mercier

SCOLNIK, Justice.

Plaintiffs Harry and Ruth Ripley appeal from an order of dismissal by the Superior Court, York County, under M.R.Civ.P. 12(b)(6), of their action on a promissory note. Because we hold that their complaint states a claim upon which relief can be granted, we vacate the order of dismissal and remand for trial.

A complaint is sufficient to withstand a Rule 12(b)(6) motion if it avers facts that would entitle a plaintiff to relief upon some theory or if it asserts every necessary element of a claim. Stanley v. Schiavi Mobile Homes, Inc., 462 A.2d 1144, 1147 (Me.1983). The court…