Figman v. Davis

By JUDGE JAMES H. CHAMBLIN

This cause is before the Court on the Demurrer to the Amended Bill of Complaint. The Court heard oral argument thereon on November 3, 1989, and has considered the memoranda filed by counsel.

For the reasons hereinafter set forth, the Demurrer is overruled.

The demurrer to the original Bill of Complaint was sustained only as to the narrow ruling that the complainants could not, as a matter of law under the terms of the contract, compel the defendant to undertake litigation to clear the title to the subject property. The complainants deleted a prayer for such relief in…