Regency Homes, Inc. v. Best & Myers

By JUDGE THOMAS A. FORTKORT

This matter is before the Court on Defendants’ Demurrer to the Amended Bill of Complaint filed December 23, 1988. For the reasons set forth below the Demurrer is sustained.

Although the Amended Bill of Complaint sets forth only two counts, specific performance and breach of contract, the facts as pleaded actually assert several issues which must be addressed separately on demurrer.

The Amended Bill of Complaint raises only three new allegations not previously set forth in the original Bill of Complaint. Each allegation is an issue subject to demurrer.

The first new…