Lawing v. Wheeler
Lawing v. Wheeler
Opinion of the Court
An inspection of the record renders it quite apparent that the further answer of defendant Yirginia Wheeler fails to state a
While the cross action of defendant A. C. Wheeler is likewise materially defective, we may concede, without deciding, that it is sufficient to state á cause of action. Even so, it is bottomed on a separate, independent tort. It may not be pleaded as a counterclaim in this action. Hancammon v. Carr, 229 N.C. 52, 47 S.E. 2d 614, and cases cited; Wingler v. Miller, 221 N.C. 137, 19 S.E. 2d 247.
The subject is fully discussed in the Hancammon case. What is said there is pertinent here. Mere repetition of the same principles of law will serve no useful purpose. Suffice it to say that the tort this defendant attempts to allege does not constitute a cause of action pleadable by way of cross action to plaintiffs’ action founded on alleged breach of contract.
The judgment is
Affirmed.
Reference
- Full Case Name
- BEULAH LAWING, as Guardian for Her Two Minor Children, viz.: JOHN LAWING and DAN LAWING, and Also in Her Individual Right, and KARL LANDER LAWING and AGNES LANDER LAWING, in Their Individual Rights v. A. C. WHEELER and Wife, VIRGINIA WHEELER
- Status
- Published