Adams v. Moore

PHILLIPS, Judge.

The order appealed from dismissed plaintiff’s complaint under the provisions of Rule 12(b)(6), N.C. Rules of Civil Procedure. The reference in the order to Rule 56 is inappropriate and feckless, as no materials other than the pleadings were presented. Burton v. Kenyon, 46 N.C. App. 309, 264 S.E.2d 808 (1980). The complaint adequately states three alternative claims for which relief are allowed under our law — unfair trade practice, breach of a fiduciary duty, and unjust enrichment — and the order dismissing the complaint is vacated.

All three claims are based upon allegations…