Pinnix v. Toomey

Plaintiff’s Appeal.

JohnsoN, J.

The plaintiff’s appeal challenges the rulings of the court below in striking from the complaint allegations which incorpo rate and refer to specific portions of the contract between the defendants and the Board of Education of Mecklenburg County.

The plaintiff’s cause of action sounds in tort. He seeks to recover damages for the alleged actionable negligence of the defendants. Nevertheless, he contends that the pleaded sections of the contract embrace ultimate facts, relevant and pertinent to the statement of his cause of action, as tending to show the…