Kempsville Utilities Corp. v. Wills

Kempsville Utilities Corporation filed its motion for judgment against B. B. Wills for damages alleged to have resulted from breach of a contract of which Kempsville was third-party beneficiary. The trial court, holding that the motion for judgment failed to state a cause of action on which relief can be granted, entered an order sustaining Wills’s demurrer. We granted Kempsville a writ of error.

*680The motion for judgment alleged that Wills entered into a written agreement with Carolanne Homes, Inc., dated March 2, 1965, to purchase 41 lots in Carolanne Farms subdivision of the City of Virginia…