Smith v. . Smith

In this Court the defendant asked leave to “demur ore tenus to the complaint filed by the plaintiff, in that by a reference to the said consent judgment, it will be noticed that the plaintiff, E. N. Smith, agreed to do certain things in consideration of the stipulations agreed to by defendant, Nannie L. Smith, and the complaint does mot allege in any manner that the plaintiff, E. N. Smith, was ready, able and willing to perform his part of the said consent judgment.”

Connor, J., in Horney v. Mills, 189 N. C., 727, lays down the rule as follows: “ 'When a complaint does not state a cause of…