Meurer v. Tribby (In re Tribby)

MEMORANDUM OPINION

ELLIS, District Judge.

This bankruptcy appeal presents an unsettled question of Virginia law, namely, whether the doctrine of merger by deed extinguishes a purchaser’s right to sue on a contractual clause requiring settlement by a certain date, when the purchaser accepts tardy delivery of the deed without specifically reserving the right to seek damages for delay.

I

This bankruptcy appeal is an outgrowth of appellee Diane Tribby’s divorce from her husband, Troy Tribby. As a consequence of the couple’s divorce proceedings, certain real property jointly owned1 by the divorcing…