## Facts

- Cain, about 85 years old, allegedly promised Barron (his grandnephew) that if Barron lived with him and cared for him, Barron would be paid well upon Cain’s death.
- Barron alleged he relied on the promise, moved into Cain’s home around 1932, and provided care through September 1938.
- Barron alleged Cain was frequently intoxicated and abusive during the period of care.
- Barron alleged Cain threatened him with a deadly weapon in September 1938, forcing Barron to leave and end the caregiving arrangement.
- Barron sued for damages based on the alleged contract, seeking recovery for the services performed and asserting that Cain’s conduct caused the early termination.

## Issues

1. Whether the complaint satisfied North Carolina’s pleading requirement of a plain and concise statement of material facts, without collateral, irrelevant, redundant, or purely evidentiary matter.
2. Whether allegations of Cain’s intoxication, abuse, and assault with a deadly weapon were material because they (a) supported an excuse for Barron’s nonperformance of a services-until-death arrangement and (b) bore on the value of services and potential aggravated damages.

## Decision

- The Supreme Court of North Carolina affirmed the trial court’s order largely denying Cain’s motion to strike portions of the complaint.
- The complaint was sufficient to state a cause of action under the pleading statute.
- Allegations describing Cain’s conduct (intoxication, abuse, and the armed threat that drove Barron away) were properly included as material facts relevant to excuse of performance and damages.

## Legal Principles

- A complaint must state, in a plain and concise manner, the material and essential facts constituting the cause of action and should omit collateral, irrelevant, redundant, or purely evidentiary matter.
- Allegations that the defendant’s wrongful conduct prevented continued performance may be material to excuse the plaintiff’s nonperformance in a long-term or life-term services contract.
- Facts describing burdensome or abusive conditions under which services were rendered may be material to the reasonable value of services and to claims for aggravated damages.
- Motions to strike should target truly irrelevant or evidentiary allegations, not operative facts that define breach, excuse, or damages.

## Conclusion

The court held that allegations of the promisor’s abusive and threatening conduct were not improper pleading detail but material facts supporting both an excuse for incomplete performance and the measure of recovery, so the complaint could proceed with those allegations intact.


Barron v. Cain, 216 N.C. 282 (N.C. 1939)