CaterCorp, Inc. v. Catering Concepts, Inc.

In this dispute among parties engaged in the catering business, we must decide whether the court below properly sustained defendants’ demurrer. This is another case “in which a trial court incorrectly has short-circuited litigation pretrial and has decided the dispute without permitting the parties to reach a trial on the merits.” Renner v. Stafford, 245 Va. 351, 352, 429 S.E.2d 218, 219 (1993).

“A demurrer admits the truth of all material facts properly pleaded. Under this rule, the facts admitted are those expressly alleged, those which fairly can be viewed as impliedly alleged, and those…