Legal Opinion

Brill v. Smeltzer

Winchester County Circuit Court

Decided November 10, 1992No. Case Nos. (Chancery) 92-162 and (Law) 92-239Published

1Opinion of the Court

By Judge John E. Wetsel, Jr.

This case came before the Court upon the defendant’s demurrer that neither the usury statute nor the Virginia Consumer Protection Act are applicable to the instant cases. Upon consideration of the argument and memoranda of the parties, the Court makes the following rulings.

I. Findings of Fact

For the purposes of the demurrer, the following facts alleged in the bill of complaint are taken to be true.

On September 17, 1984, Thomas and Patricia Brill entered into a contract of sale with the defendant Ruth Smeltzer for the purchase of a home on West Southwerk Street in…

2Cases cited5 opinions

  1. Russo v. WhiteSupreme Court of Virginia · 1991
  2. Fox v. CustisSupreme Court of Virginia · 1988
  3. Smith v. United States Credit Corp.District Court, E.D. Virginia · 1985
  4. General Electric Credit Corporation v. LunsfordSupreme Court of Virginia · 1969
  5. Kidd v. J. Walter Bros.Supreme Court of Virginia · 1971

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