Nye v. Pure Oil Co.
Nye v. Pure Oil Co.
Opinion of the Court
This question is determinative of the appeal: What cause or causes of action, if any, has plaintiff stated?
Our statute, G.S. 1-122, says the complaint must contain “a plain and concise statement of the facts constituting a cause of action,
G.S. 1-151 says: “In the construction of a pleading for the purpose of determining its effect its allegations shall be liberally construed with a view to substantial justice between the parties.” With this command in mind, we have examined the complaint to ascertain the facts alleged warranting a recovery against defendants jointly. If the facts alleged are sufficient to warrant recoveries against each defendant for wrongs done only by that defendant, there is a misjoinder of parties and causes. Williams v. Gooch, 206 N.C. 330, 173 S.E. 342; Lucas v. Bank, 206 N.C. 909, 174 S.E. 301. In that event the demurrer should be sustained. If, however, the facts alleged show a joint invasion of plaintiff’s rights warranting a judgment against defendants jointly, there has been no misjoinder.
Summarized, the complaint is, we think, sufficient to allege, but not in the order here stated, these facts: 1. The residence of the parties. 2. Plaintiff was a distributor of petroleum products in Robeson County. The physical assets used in the operation of his business consisted of (a) a bulk storage plant, (b) 15 retail outlets or service stations owned in fee, and (c) “40 service stations or outlets which were either leased to plaintiff or else were regular customers of plaintiff.” 3. Oil Co. is a producer of petroleum products which it distributes to retail outlets, either directly or through independent bulk storage plants operated by wholesale distributors. 4. Prior to November 1954 defendant Oil Co. had no facilities “for servicing service stations located in Robeson County and was only operating one or two service stations in said County.” 5. Oil Co. wished to increase the sale and consumption of its products in Robeson County. Halstead was desirous of handling the products of Oil Co. as an independent jobber. These desires of defendants could be obtained by the acquisition of plaintiff’s valuable business and good will, built by forty years of operation. 6. The aspirations of defendants could be accomplished by a contractual arrangement seemingly fair on its face but made without any intent on the part of defendants to comply with its provisions. Pursuant to this plan, plaintiff and Oil Co., in November 1954, entered into a written contract by which plaintiff leased to Oil Co. his business and properties for a term of five years. This contract gave defendant Oil Co. an option to purchase the business at any time during the period of the lease. The contract further provided: “In the event the option was not exercised and/or the term of the lease was not extended, there was a specific understanding and agreement that defendant Pure would return the petroleum business to plaintiff by reassigning to plaintiff all service lease agreements along with any
In short, plaintiff alleges a completed conspiracy to destroy his business by means of a contract which he made in good faith, but which defendants knew would never be complied with. Plaintiff does not seek damages for breach of the contract. He seeks damages for the tortious act of destroying his business accomplished by a perversion of the contractual relationship existing between plaintiff and Oil Co.
The motion of Oil Co. to strike the allegations would, if allowed, have defeated plaintiff’s right of action by deleting all allegations with respect to the fraudulent conspiracy. That motion was properly denied.
Affirmed.
Reference
- Full Case Name
- R. H. NYE v. THE PURE OIL COMPANY, a corporation, and HARRY HALSTEAD, Individual
- Cited By
- 2 cases
- Status
- Published