Walker v. Nicholson

Determination of the appeal depends on the answers to these questions: Do the allegations establish a defective cause of action? If so, the court was correct in dismissing the action. Parrish v. Brantley, 256 N.C. 541, 124 S.E. 2d 533. Is the complaint defective because of the failure to allege some essential fact? If so, the action should not be dismissed but an opportunity should be given to amend the pleading by alleging the additional essential fact. G.S. 1-131; Parrish v. Brantley, supra.

Plaintiff has not complied with G.S. 1-122(2). The complaint is not a “plain and concise statement of…