Embree Construction Group, Inc. v. Rafcor, Inc.

PHILLIPS, Judge.

Accepting the foregoing allegations as true, as we must since the sufficiency of a complaint to state a claim for relief is being determined, Smith v. Ford Motor Co., 289 N.C. 71, 221 S.E.2d 282 (1976), and bearing in mind that complaints may not be dismissed for not stating a claim under Rule 12(b)(6), N.C. Rules of Civil Procedure, unless it appears “to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim,” Stanback v. Stanback, 297 N.C. *421181, 185, 254 S.E.2d 611, 615 (1979), citing 2A Moore’s Federal…