Andrews Industries, Inc. v. Andrews

Paragraph 1 of the demurrer alleges that a copy of an agreement set forth in paragraph 2 of the complaint “is annexed hereto as Exhibit ‘A’ and made part of this demurrer.”

It thus appears that all facts contained in that agreement are incorporated in, and made part of, the demurrer.

It is a fundamental rule of law that a “speaking demurrer” is improper since no allegation of fact is permissible in a demurrer. Ryan v. Knights of Columbus, 82 Conn. 91, 92; 41 Am. Jur. 440, § 209.

It follows that the demurrer is fatally defective and must be overruled on all grounds.

It may be observed that the…