Fauber v. Whitten

By Judge J. Michael Gamble

I am writing this letter to rule on the Demurrer that has been raised by the Defendant I will rule on the issues raised by the Demurrer and the law memorandum in support of the Demurrer in die same order that they are raised by the Defendants.

First and, of course, for purposes of the Demurrer, the allegations in the Bill of Complaint and the fair inferences therein are deemed to be admit* ted.

1. Does the law require an actual tender of the deed before a specific performance action may be maintained?

The Defendants maintain that the Plaintiffs have not actually…