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KEMPSVILLE UTILITIES CORPORATION v. WILLS

194 S.E.2d 740 (1973)

213 Va. 679

KEMPSVILLE UTILITIES CORPORATION, a Virginia Public Service Company v. B. B. WILLS.

Supreme Court of Virginia.

March 5, 1973.

Attorney(s) appearing for the Case

Conrad M. Shumadine, Richmond (Kaufman, Oberndorfer & Spainhour, Virginia Beach, on brief), for plaintiff in error.

Edwin C. Kellam, Norfolk (Kellam, Pickrell & Lawler, Norfolk, on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

COCHRAN, Justice.

Kempsville Utilities Corporation filed its motion for judgment against B. B. Wills for damages alleged to have resulted from breach of a contract of which Kempsville was third-party beneficiary. The trial court, holding that the motion for judgment failed to state a cause of action on which relief can be granted, entered an order sustaining Wills's demurrer. We granted Kempsville a writ of error.

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