General American Life Insurance Co. v. Stadiem

The question for decision is whether the complaint states facts sufficient to constitute a cause of action, either in contract or in tort. C.S., 511, subsec. 6. The office of a demurrer is to test the sufficiency of a pleading, admitting for the purpose the truth of factual averments well stated and such relevant inferences as may be deduced therefrom, but it does not admit any legal inferences or conclusions of law asserted by the pleader. Leonard v. Maxwell, Comr., 216 N.C. 89, 3 S.E.2d 316; Harris v. R.R., 220 N.C. 698, 18 S.E.2d 204. Hence, we must look to the allegations of the complaint to ascertain the questions presented.