Oberholtzer v. Huffman

Supreme Court of North Carolina

Oberholtzer v. Huffman

67 S.E.2d 263, 234 N.C. 399, 1951 N.C. LEXIS 462

CourtSupreme Court of North Carolina

DecidedOctober 31, 1951

Docket316

StatusPublished

Cited by4 cases

This text of 67 S.E.2d 263 (Oberholtzer v. Huffman) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oberholtzer v. Huffman, 67 S.E.2d 263, 234 N.C. 399, 1951 N.C. LEXIS 462 (N.C. 1951).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

67 S.E.2d 263, 234 N.C. 399, 1951 N.C. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oberholtzer-v-huffman-nc-1951.

Opinion

Related

Cite This Page — Counsel Stack