Hewitt v. Hutter

OPINION and ORDER

DALTON, District Judge.

This is a diversity action concerning a Virginia real estate contract, thus Virginia law controls. Sterling v. Blackwelder, 302 F.Supp. 1125 (E.D.Va.1968), aff’d 414 F.2d 1362 (4th Cir. 1969). The case is before this court on Defendants’ Motion for Summary Judgment, which the court is of the opinion, should be and hereby is denied for reasons to be set forth below.

In early 1974 Charles Tijerina, acting in a representative capacity for defendants, began negotiations with Mrs. Dorothy Hewitt over the purchase of her farm, “Long Branch.” After some pre…