Bramson v. Chester L. Jordan & Co.

POMEROY, Justice.

“[A] complaint should not be dismissed for insufficiency 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.” 2A Moore’s Federal Practice § 12.08 (2d ed.), cited with approval in Richards v. Ellis, Me., 233 A.2d 37, 38 (1967). As Section 12.11 of the Commentary to rule 12(b)(6) in Field, McKusick & Wroth, Maine Civil Practice (2d ed. 1970) clearly points up “[t]he ‘showing’ that the pleader is entitled to relief must be made, but it may be in general terms which would not have…