Gillispie v. Goodyear Service Stores
Supreme Court of North Carolina
128 S.E.2d 762 (N.C. 1963)
Relevant factsFree
Gillispie (plaintiff) sued Goodyear (defendant) alleging in conclusory terms that the defendants "maliciously" trespassed on her residence, used "harsh and threatening language and physical force" to assault her, and caused her to be "seized and exhibited to the public as a prisoner," without specifying what actually happened, when, where, or any other supporting factual detail. The trial court sustained Goodyear's demurrer for failure to state a cause of action, and Gillispie appealed.
IssueFree
Whether a pleading is sufficient to state a cause of action if it states only legal conclusions and not the facts upon which those legal conclusions were made.