Kempsville Meadows, Inc. v. Schwemley

In this suit for specific performance, the circuit court decreed the conveyance of a house and lot in the city of Virginia Beach from Kempsville Meadows, Inc., to Paul A. Schwemley and awarded the latter $1,280 damages for Kempsville’s failure to convey the property on the date set for settlement. From the final decree, we granted Kempsville an appeal “limited to the consideration of whether the said circuit court is correct in awarding $1,280 damages to Paul A. Schwemley.”

The decree awarding damages to Schwemley comes to us with a presumption of correctness in its favor. The burden is upon…