Briggs v. Rosenthal

PARKER, Judge.

The sole issue before us is whether the trial judge erred in dismissing plaintiffs’ complaint pursuant to G.S. 1A-1, Rule 12(b)(6). A complaint should not be dismissed for failure to state a claim, unless it appears beyond doubt that plaintiff can prove no set of facts which would entitle him to relief. Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161 (1970). A complaint must be dismissed when on its face it appears that no law supports it, that some essential fact is missing, or that some disclosed fact defeats it. Mumford v. Hutton & Bourbonnais Co., 47 N.C. App. 440, 267 S.E. 2d…