Jones v. Garber

By Judge John J. McGrath, Jr.

This case is currently before this court on defendants’ demurrers to each of the four counts in Plaintiffs’ Motion for Judgment. Plaintiffs, Jones and Sampson are seeking damages for alleged fraud, constructive fraud, breach of contract, and failure to mediate arising out of a sale of land in Rockingham County. As always in considering a demurrer, the facts will be taken from the well-pleaded factual allegations of the Motion for Judgment. The facts of the case follow.

In December of 1993, Scott Garber and Kimberly Garber, husband and wife, bought a tract of land…