Mozingo v. North Carolina National Bank

ARNOLD, Judge.

We first consider whether the trial court erred in dismissing, under G.S. 1A-1, Rule 12(b)(6), plaintiffs’ claim for breach of the alleged oral contract to renew plaintiffs’ unsecured notes until payment could be made from proceeds of the sale of the apartment projects. Rule 12(b) (6) provides that a complaint must be dismissed when on its face it appears that no law supports it, that some fact essential to it is missing, or that some disclosed fact necessarily defeats it. Hodges v. Wellons, 9 N.C. App. 152, 175 S.E. 2d 690, cert. den. 277 N.C. 251 (1970). The trial court held…