Godsey & Son, Inc. v. Ash-Gayle, Inc.

By Judge Melvin R. Hughes, Jr.

This matter came on for a hearing on defendant’s Demurrer to plaintiffs Amended Motion for Judgment. The authorities governing consideration of a demurrer are well known and will not be stated. Accordingly, for purposes of ruling on the demurrer, the court will take the allegations in the Amended Motion for Judgment as true for the sake of determining whether they state a cause of action.

Plaintiff is a subcontractor involved in site development work. During January, 1995, it was doing such work at a subdivision under contract with the property owner. Plaintiff’s…