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ALLIED MORTGAGE AND DEVELOPMENT CO. v. PITTS

No. 606.

158 S.E.2d 53 (1967)

272 N.C. 196

ALLIED MORTGAGE AND DEVELOPMENT COMPANY, Inc. v. Thomas PITTS, John W. Rush and wife, Vystia B. Rush.

Supreme Court of North Carolina.

December 13, 1967.

Attorney(s) appearing for the Case

Miller, Beck & O'Briant and Steve Glass, by Adam W. Beck, Asheboro, for plaintiff appellant.

Morgan, Byerly, Post & Keziah by David M. Watkins, High Point, for defendant Thomas Pitts.

C. Richard Tate, Jr., High Point, for defendant appellees Rush.

HIGGINS, Justice.

The demurrers were sustained because of failure of the complaint to allege facts sufficient to constitute any cause of action. In passing on a demurrer, the trial court in the first instance, and this Court upon appeal, must accept as true all facts properly pleaded. Kuykendall v. Proctor, 270 N.C. 510, 155 S.E.2d 293. If, when liberally construed, a complaint alleges facts sufficient...

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