FLIPPO v. F & L LAND CO.

Record No. 900155.

400 S.E.2d 156 (1991)

William W. FLIPPO, et al. v. F & L LAND COMPANY, et al.

Supreme Court of Virginia.

January 11, 1991.


Attorney(s) appearing for the Case

H. David O'Donnell (Green and O'Donnell, on brief), for appellants.

David A. Penrod (Hoover, Hoover, Penrod & Davenport, Harrisonburg, on brief), for appellee F & L Land Co.

No brief or argument for appellee Richard A. Claybrook, Jr.

Present: All the Justices.


COMPTON, Justice.

In this appeal in a purchaser's suit for specific performance of a contract for the sale of real estate, we determine whether the trial court erred in sustaining a seller's demurrer.

"A demurrer admits the truth of all material facts properly pleaded. Under this rule, the facts admitted are those expressly alleged, those which fairly can be viewed as impliedly alleged, and those which may be fairly and justly inferred from the facts alleged...

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