Freel v. Center, Inc.

This appeal presents for review the order sustaining Bryson’s demurrer. A demurrer must be sustained if the challenged pleading (complaint or crosscomplaint) fails to allege each material fact necessary to constitute a cause of action. Ledwell v. Proctor, 221 N.C. 161, 19 S.E. 2d 234. Facts and not conclusions must be alleged. Broadway v. Asheboro, 250 N.C. 232, 108 S.E. 2d 441.

The original defendant alleged it had a contract with Bryson to do the excavation and grading out of which this controversy arose. The agreement provided the “contractor shall use reasonable care in the protection of…