Bryant v. Occidental Life Insurance Co.

The question discussed in the briefs is whether the two “causes of action” are “mutually repugnant and inconsistent.”

A cause of action consists of the facts alleged in the complaint. G.S. 1-122; Lassiter v. R. R., 136 N.C. 89, 48 S.E. 642; Stamey v. Membership Corp., 249 N.C. 90, 94, 105 S.E. 2d 282.

No fact alleged by plaintiff in one “cause of action” is inconsistent with or contradictedi by any fact alleged in the other. On the contrary, the allegations in the two “causes of action” are entirely consistent, and, except as indicated, are identical.

No policy was issued by defendant. The…