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Jones v. Jones Lewis Furniture Co.

C. H. Jones and mrs.C. H. Jones v. Jones Lewis Furniture Company.

Jones v. Jones Lewis Furniture Co., 23 S.E.2d 309 (N.C. 1942)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
December 16, 1942
Judges
Winborne
Citations
23 S.E.2d 309222 N.C. 4391942 N.C. LEXIS 120

Opinion of the Court — Winborne

Winborne, J.

Demurrer ore tenus to the complaint for that it does not state facts sufficient to constitute a cause of action, C. S., 518,'inter-posed in this Court by defendant, is well taken.

It is contended, and it so appears, that there is no allegation that the defendant made any warranty. The allegation is that “defendant’s salesman and employee guaranteed,” and “relying upon said guarantee, the plaintiffs purchased the bed.” This is far from alleging that the defendant made the warranty.

While it is provided by statute in this State that in the construction of a pleading for the purpose of determining its effect, the allegations therein shall be liberally construed with a view to substantial justice between the parties, C. S., 535, the complaint must allege a cause of action, and the Court will not, under this rule, construe into a pleading that which it does not contain. McIntosh, N. C. P. & P., p. 313, section 369.

Demurrer sustained.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1944: 11952: 11954: 11957: 119442026peak 1944 · 1

Relies on it most ⓘ

  1. Calloway v. Wyatt97 S.E.2d 881 (N.C. 1957)
  2. Thomas & Howard Co. of Shelby, Inc. v. American Mutual Liability Insurance84 S.E.2d 337 (N.C. 1954)
  3. Dillingham v. Kligerman69 S.E.2d 500 (N.C. 1952)
  4. Watson v. Lee County31 S.E.2d 535 (N.C. 1944)

Most recent

  1. Calloway v. Wyatt97 S.E.2d 881 (N.C. 1957)
  2. Thomas & Howard Co. of Shelby, Inc. v. American Mutual Liability Insurance84 S.E.2d 337 (N.C. 1954)
  3. Dillingham v. Kligerman69 S.E.2d 500 (N.C. 1952)
  4. Watson v. Lee County31 S.E.2d 535 (N.C. 1944)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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