Supreme Court of North Carolina, 1951

Oberholtzer v. Huffman

Supreme Court of North Carolina · Decided October 31, 1951 · No. 316 · Barnhill

67 S.E.2d 263; 234 N.C. 399; 1951 N.C. LEXIS 462 (South Eastern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Hopkins v. Mwr Mgmt. Co. (North Carolina Business Court 2017)
Windfield Corp. v. McCallum Inspection Co. (N.C. Ct. App. 1973)
Thacker v. Ward (N.C. 1965)
Smart Online, Inc. v. Opensite Technologies, Inc. (North Carolina Business Court 2003)

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

Babnhill, J.

Special damages, that is, damages which are the natural but not necessary result of the alleged wrongful act of the defendant, must be pleaded with sufficient particularity to put the defendant on notice. Conrad v. Shuford, 174 N.C. 719, 94 S.E. 424; Binder v. Ac ceptance Corp., 222 N.C. 512, 23 S.E. 2d 894. This the plaintiff has done. The allegations stricken are a proper and necessary part of his complaint. Hence the order striking same must be

Reversed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.