Horton v. Horton
Supreme Court of Virginia
1Opinion of the CourtJustice Keenan
In this appeal, we consider whether a plaintiff’s breach of contract was material, barring her recovery for the defendant’s nonperformance of the contract.
Anna Lee Horton and Howard P. Horton were married in July 1984, and executed a contract in July 1991 (the 1991 contract). Mrs. Horton filed a motion for judgment against Mr. Horton in 1995, seeking damages for his failure to comply with the 1991 contract. Mr. Horton filed a counterclaim, alleging damages resulting from Mrs. Horton’s breach of contract.
The trial court heard the following evidence in a three-day bench trial. In May 1989, Mr.…
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