Cathey v. Southeastern Construction Co.

N. 0. Code, 1939 (Micbie), sec. 511, is as follows: “The defendant may demur to the complaint when it appears upon the face thereof, either that: . . . (6) The complaint does not state facts sufficient to constitute a cause of action.”

In Leonard v. Maxwell, Comr., 216 N. C., 89 (91), the well settled rule is: “The office of a demurrer is to test the sufficiency of a pleading, admitting, for the purpose, the truth of factual averments well stated and such relevant inferences as may be deduced therefrom, but it does not admit any legal inferences or conclusions of law asserted by the pleader,”…