KEYSER, Justice.
The defendant appealed from the order of the chancery court denying his motion to dismiss plaintiff's petition for specific performance. The appeal is by permission of the court below before final decree under 12 V.S.A. § 2386.
Since the motion to dismiss attacks the sufficiency of the petition, it is in the nature of a demurrer and consideration of the motion depends entirely upon the facts stated in the petition. Woodard v. Porter Hospital...
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