Harris Clay Co. v. Carolina China Clay Co.

170 S.E. 635, 205 N.C. 830, 1933 N.C. LEXIS 610

Opinion

Per Curiam.

Tbis is the same ease that was here at the Spring Term, 1932, on a question of venue, reported in 203 N. C., 12.

The second ground of the demurrer seems to have been abandoned, and it was properly overruled on the first. The complaint contains allegations of damages arising ex delicto, which may have been overlooked, as they are not debated on brief; and a demurrer will be overruled unless the complaint is wholly insufficient. Blackmore v. Winders, 144 N. C., 212, 56 S. E., 874.

The question of the measure of plaintiff’s allowable recovery is not presently presented. Pemberton v. Greensboro, 203 N. C., 514, 166 S. E., 396.

Affirmed.