HUBBARD v. DRESSER, INC.

Record No. 050544.

624 S.E.2d 1 (2006)

271 Va. 117

Benjamin L. HUBBARD, Sr. v. DRESSER, INC.

Supreme Court of Virginia.

January 13, 2006.


Attorney(s) appearing for the Case

Dennis P. Brumberg, Roanoke (Dabney L. Pasco, Sr., Covington; Brumberg, Mackey & Wall; Pasco & Dascher, on brief), for appellant.

Benjamin T. Owings (Taylor & Walker, on brief), for appellee.

Present: All the Justices.


KOONTZ, Justice.

In this appeal, we consider whether the trial court properly sustained a demurrer to an amended motion for judgment alleging breaches of express and implied warranties in connection with the sale of certain petroleum dispensing equipment.

Our consideration of the issue presented is guided by well-established principles of appellate review. "A demurrer tests the legal sufficiency of facts alleged in pleadings, not the strength of proof. We...

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