Breece v. Standard Oil Co.

The only question involved in this controversy is: Did the court below err in allowing the defendant’s motion for judgment upon the pleadings and the signing of the judgment as set out in the record? ~We think so.

The plaintiff sets up actionable fraud or deceit to rescind the “Supplemental Agreement of D. J. Breece and C. H. Farrell.” The allegations of plaintiff in this respect fully comply with the rule as to the necessary averments or ingredients of fraud to rescind a contract. Corley Co. v. Griggs, 192 N. C., 171; Stone v. Doctors' Lake Milling Co., 192 N. C., 585.

In Belk’s Dept. Store v.…