GENERAL TIRE & RUBBER COMPANY v. Distributors, Inc.

The demurrer does not challenge defendant’s counterclaim on the ground that it fails to state facts sufficient to constitute a cause of •aotion against plaintiff. Nor does it challenge defendant’s counterclaim on the ground that it united, but did not separately state, two causes of action. G.S. 1-123; Heath v. Kirkman, 240 N.C. 303, 306, 82 S.E. 2d 104. The phrase “misjoinder of causes of action,” as used in the demurrer, refers to plaintiff’s contention that “the matters alleged in defendant’s counterclaim are foreign to the subject action in time and substance . . .”

Plaintiff’s contention…