Ideal Brick Co. v. Gentry

The office of a demurrer is to determine the sufficiency of a pleading, admitting, for the purpose, the truth of the allegations of fact contained therein. Whitehead v. Tel. Co., 190 N. C., 197; Davies v. Blomberg, 185 N. C., 496.

The plaintiffs allege in their complaint that L. Gentry, a contractor, entered into a written agreement with the Board of Education of Cumberland County 11 July* 1922, for the erection of a school building at Linden, N. C., in which it was stipulated, among other things, that “the contractor .shall provide and pay for all materials, labor, water, tools, equipment,…