Court of Appeals of North Carolina January 4, 1994, No. 9317SC537 (Green v. Harbour)

ARNOLD, Chief Judge.

The issue before this Court is whether the trial court erred in allowing defendants’ motion to dismiss one of plaintiffs alternative causes of action pursuant to N.C.R. Civ. P. 12(b) for failure to state a claim upon which relief could be granted. We conclude, as defendants concede, that the trial court erred in allowing defendants’ motion to dismiss.