Flippo v. F & L LAND CO.

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 al leged.” Rosillo v. Winters, 235 Va. 268, 270, 367 S.E.2d 717, 717 (1988). On demurrer, a court may examine not only the substantive allegations of the pleading…