Breckner v. Hallen

By Judge William H. Ledbetter, Jr.

This opinion letter addresses the demurrer filed by the defendants and argued on July 20, 1992. For the reasons explained, the demurrer will be overruled.

According to well-settled principles, when considering a demurrer, the court assumes that the facts alleged in the bill of complaint and all reasonable inferences to be drawn from them are true. Thus, the facts of the case are recited by reference to the plaintiff’s pleading.

On April 8, 1989, the defendants entered into a contract to sell a lot in Lake Wilderness Subdivision to Stonewall Estates, Inc.…