Supreme Court of North Carolina, 1951

Oberholtzer v. Huffman

Oberholtzer v. Huffman
Supreme Court of North Carolina · Decided October 31, 1951 · Barnhill
67 S.E.2d 263; 234 N.C. 399; 1951 N.C. LEXIS 462 (South Eastern Reporter, Second Series)

Oberholtzer v. Huffman

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.

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