State Ex Rel. Worth v. Stewart

Citations

• 29 S.E. 413
• 122 N.C. 263
• 1898 N.C. LEXIS 239

Syllabus

<p>Pleading — Fraud—Allegations of Fraud, Sufficiency of.</p> <p>Where a complaint, in an action by the State to recover money wrongfully paid by it to the defendants under a contract for public printing, alleged that the defendants, by falsely printing a copy of the contract and exhibiting it to officials whose duty it was to examine and approve the bills for printing, procured the approval of the accounts whereby they drew more money from the State than they were entitled to and, by exhibiting sample sheets of work, obtained the approval and payment of bills for work that did not come up to the samples; Held, that such complaint is good on demurrer, although fraud is not specifically alleged, since the facts alleged, if true, constitute fraud.</p>