Civil Practice — Mislabeled Claim – Motion to Dismiss – ‘Course of Dealing’ – Implied-in-Fact Contract

North Carolina Lawyers Weekly Staff//March 21, 2022

The parties agree that the complaint’s “course of dealing” claim was actually a mislabeled claim for breach of an implied-in-fact contract. The fact that a plaintiff might have mislabeled his claim is of no significance in ruling on a motion to dismiss pursuant to N.C. R. Civ. P. 12(b)(6).

Defendant’s motion to dismiss is denied.

Cardinal Travel Service, Inc. v. Advance Stores Co. 2022 NCBC 12.pdf (nccourts.gov) (Lawyers Weekly No. 020-012-22, 5 pp.) (Louis Bledsoe, C.J.) Matthew Waters and Rhian Mayhew for plaintiff; Alexander Gormley, Lauren Fassell and Camden Webb for defendant. 2022 NCBC 12

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