Jones v. Jones Lewis Furniture Co.
Cases that cite this one
4 later published cases cite this decision.
- Calloway v. Wyatt (N.C. 1957)
- Thomas & Howard Co. of Shelby, Inc. v. American Mutual Liability Insurance (N.C. 1954)
- Dillingham v. Kligerman (N.C. 1952)
- Watson v. . Lee County (N.C. 1944)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.