Andrews v. National Oil Co.

“The office of a demurrer is to determine the legal sufficiency of a pleading, admitting for the purpose the truth of all the matters and things alleged therein.” Davies v. Blomberg, 185 N. C., at p. 496. Mountain Park Institute v. Lovill, 198 N. C., at p. 645-6.

In Smith v. Suitt, 199 N. C., at p. 9, speaking to the subject: “The complaint is not demurrable unless it is wholly insufficient. If a demurrer is interposed to a whole complaint and any one of the causes of action is good the demurrer will be overruled.”

The facts: The defendant was in possession of a filling station in the city of…