Hall v. Hessick, Inc.

By Judge Thomas D. Horne

The Court will deny the motion for summary judgment. Based upon a review of the pleadings, including the affirmative defense of failure of consideration and amended special plea of statutory recoupment (§ 8.01-422, Code of Virginia), the Court is of the opinion that sufficient facts relative to the issues raised in defense, including alleged ambiguities in the contract of sale, remain in dispute to thus deny the motion at this time and to permit discovery to proceed. Plaintiffs may raise the motion at the conclusion of discovery should they be so inclined.

*79May 25, 1993

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