Batchelor v. Mitchell

78 S.E.2d 240 (1953)

238 N.C. 351

BATCHELOR et al.

v.

MITCHELL et al.

No. 96.

Supreme Court of North Carolina.

October 14, 1953.

L. L. Davenport, Nashville, and O. B. Moss, Spring Hope, for plaintiffs-appellants.

Hobart Brantley, Spring Hope, and Cooley & May, Nashville, for defendants-appellees.

JOHNSON, Justice.

The single ground of the demurrer is that the complaint fails to set forth facts sufficient to constitute a cause of action. By so demurring to the complaint, the defendants, for the purpose of determining the demurrer, admit as true every material fact properly alleged in the complaint.…