Withers v. Ferrero Construction Co.

The appeal at bar involves only the sufficiency of the plaintiff-appellee’s pleading. The plaintiff-appellee, Ferrero Construction Company, was in 1969, and for many years theretofore, the owner of an eleven-acre tract of land in Montgomery County. The evidence revealed that this land had been purchased so that it might be developed and sold as single-family dwelling lots. The plaintiff-appellee had proposed to subdivide his property into 17 such lots.

A neighboring tract of land was owned and was being developed by the Clark-King Construction Company, one of the defendants below. Clark-King…