Piatt v. Krispy Kreme Doughnut Corp.

VAUGHN, Judge.

A complaint should not be dismissed for failure to state a valid claim 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. Unless the face of the complaint shows an insurmountable bar to recovery, plaintiff’s action should not be dismissed on the pleading. Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161.

Defendant urges that, on its face the paper labeled “Rough Draft” was only a preliminary negotiating agreement and that the parties did not intend to be bound until the execution of a formal…