FLEXOLITE ELEC., LTD. v. GILLIAM

No. 8122SC374.

284 S.E.2d 523 (1981)

FLEXOLITE ELECTRICAL, LTD. v. Thomas D. GILLIAM, Jr. and Thomas D. Gilliam Company.

Court of Appeals of North Carolina.

December 1, 1981.


Attorney(s) appearing for the Case

Satisky & Silverstein by Howard P. Satisky, Raleigh, for plaintiff-appellant.

Raymer, Lewis, Eisele & Patterson by Douglas G. Eisele, Statesville, for defendants-appellees.


HARRY C. MARTIN, Judge.

Plaintiff's claim was improperly dismissed. A judgment on the pleadings in favor of a defendant who asserts the statute of limitations as a bar is proper when, and only when, all the facts necessary to establish the limitation are alleged or admitted. Huss v. Huss, 31 N.C. App. 463, 230 S.E.2d 159 (1976); Land v. Pontiac, Inc., 6 N.C. App. 197,

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