Jackson v. California Hardwood Co., Inc., No. COA94-1346
| Docket Nº | No. COA94-1346 |
| Citation | 120 N.C.App. 870, 463 S.E.2d 571 |
| Case Date | November 21, 1995 |
| Court | Court of Appeal of North Carolina (US) |
Page 571
v.
CAROLINA HARDWOOD COMPANY, INC.; W.F. Sledge d/b/a Carolina
Hardwood Company, Inc.; W.F. Sledge,
Individually, and wife, Katherine C.
Sledge, Appellees.
The Barrington & Jones Law Firm by Carl A. Barrington, Jr., and John M. Tyson, Fayetteville, for plaintiff-appellant.
Reid, Lewis, Deese, Nance & Person by Marland C. Reid, Fayetteville, for defendants-appellees.
WALKER, Judge.
The sole issue presented on appeal is whether the trial court erred in granting defendant's motion to dismiss the complaint pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure.
A motion to dismiss pursuant to Rule 12(b)(6) tests the legal sufficiency of the complaint. Sutton v. Duke, 277 N.C. 94, 98, 176 S.E.2d 161, 163 (1970). When ruling on a motion to dismiss, the trial court must consider the allegations to be true. Harris v. NCNB, 85 N.C.App. 669, 670, 355 S.E.2d 838, 840 (1987). The question before the court is whether the allegations in the complaint, if true, are sufficient to state a claim upon which relief may be granted under some legal theory, whether properly labeled or not. Stanback v. Stanback, 297 N.C. 181, 202, 254 S.E.2d 611, 625 (1979). A complaint should not be dismissed unless it appears that the plaintiff is not entitled to relief under any set of facts which could be proved in support of the claim. Clouse v. Chairtown Motors, Inc., 14 N.C.App. 117, 187 S.E.2d 398 (1972).
Plaintiff's complaint includes a claim for breach of an express contract. In order to state such a claim, plaintiff must demonstrate that a valid contract existed which terms were breached by the defendant. Here, plaintiff alleges that prior to 5 August 1987, he entered into a written agreement entitled "statement of intent to lease" (agreement) with W.F. Sledge (Sledge). The agreement provided that Sledge would lease a portion of a tract of land located on the All-American Expressway in Cumberland County to Jackson for a period of ten years. The agreement also stated that Jackson could offset his monthly rent of $500.00 by the cost of improving the land for a golf driving range. This agreement was signed by Jackson, as the [120 N.C.App. 872] proposed tenant, and Sledge, President of Carolina Hardwood,
Page 573
Inc., as the proposed landlord. Plaintiff further alleged that the proposed agreement constitutes an express contract and that the amount spent by plaintiff to improve the land amounted to a prepayment of rent for the entire 10-year period.On 6 March 1989, Carolina Hardwood conveyed by deed the entire property to W.F. Sledge, and wife, individually. During November 1990, Sledge sold this property to Dr. Inad Atassi, as evidenced by a deed recorded in Cumberland County.
On 21 June 1991,...
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Avram v. Samsung Elecs. Am., Inc., Civ. No. 2:11-6973 (KM)
...on the defendant, that the defendant accepted the benefit, and that the benefit was not gratuitous." Jackson v. Carolina Hardwood Co., 120 N.C.App. 870, 872, 463 S.E.2d 571, 573 (1995) (citing Booe v. Shadrick, 322 N.C. 567, 570, 369 S.E.2d 554, 556 (1988)). 15. Avram and Lark note that a s......
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Tai Sports, Inc. v. Hall, 09 CVS 2201
...(2) breach of that contract." Poor v. Hill, 138 N.C.App. 19, 26, 530 S.E.2d 838, 843 (2000) (citing Jackson v. California Hardwood Co., 120 N.C.App. 870, 871, 463 S.E.2d 571, 572 (1995)). A valid contract consists of a meeting of the minds and consideration. Creech v. Melnik, 347 N.C. 520, ......
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Eli Research, Inc. v. United Communications Group, No. 1:02 CV 00787.
...of the terms of that contract. Poor v. Hill, 138 N.C.App. 19, 27, 530 S.E.2d 838, 843 (2000) (citing Jackson v. Carolina Hardwood Co., 120 N.C.App. 870, 871, 463 S.E.2d 571, 572 (1995)). A valid contract requires an agreement based on a meeting of the minds and sufficient consideration. Cre......
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Higgins v. Synergy Coverage Solutions, LLC, 18 CVS 12548
...of the terms of that contract." Poor v. Hill, 138 N.C.App. 19, 26, 530 S.E.2d 838, 843 (2000) (citing Jackson v. Carolina Hardwood Co., 120 N.C.App. 870, 871, 463 S.E.2d 571, 572 (1995)). Additionally, a contract must be supported by consideration. Inv. Props. of Asheville, Inc. v. Norburn,......
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Avram v. Samsung Elecs. Am., Inc., Civ. No. 2:11-6973 (KM)
...on the defendant, that the defendant accepted the benefit, and that the benefit was not gratuitous." Jackson v. Carolina Hardwood Co., 120 N.C.App. 870, 872, 463 S.E.2d 571, 573 (1995) (citing Booe v. Shadrick, 322 N.C. 567, 570, 369 S.E.2d 554, 556 (1988)). 15. Avram and Lark note that a s......
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Tai Sports, Inc. v. Hall, 09 CVS 2201
...(2) breach of that contract." Poor v. Hill, 138 N.C.App. 19, 26, 530 S.E.2d 838, 843 (2000) (citing Jackson v. California Hardwood Co., 120 N.C.App. 870, 871, 463 S.E.2d 571, 572 (1995)). A valid contract consists of a meeting of the minds and consideration. Creech v. Melnik, 347 N.C. 520, ......
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Eli Research, Inc. v. United Communications Group, No. 1:02 CV 00787.
...of the terms of that contract. Poor v. Hill, 138 N.C.App. 19, 27, 530 S.E.2d 838, 843 (2000) (citing Jackson v. Carolina Hardwood Co., 120 N.C.App. 870, 871, 463 S.E.2d 571, 572 (1995)). A valid contract requires an agreement based on a meeting of the minds and sufficient consideration. Cre......
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Higgins v. Synergy Coverage Solutions, LLC, 18 CVS 12548
...of the terms of that contract." Poor v. Hill, 138 N.C.App. 19, 26, 530 S.E.2d 838, 843 (2000) (citing Jackson v. Carolina Hardwood Co., 120 N.C.App. 870, 871, 463 S.E.2d 571, 572 (1995)). Additionally, a contract must be supported by consideration. Inv. Props. of Asheville, Inc. v. Norburn,......