Legal Opinion

Nicholson v. LaFollette

Frederick County Circuit Court

Decided June 23, 1989No. Case No. (Law) 88-47Published

1Opinion of the Court

By JUDGE ROBERT K. WOLTZ

This is a suit for declaratory judgment brought by the vendor of improved real estate against the purchase to determine the rights of the parties under their contract of sale. The issues are: 1. construction of the contract with respect to the purchase price and the payment of interest on the balance due; 2. avoidance of the contract by the purchaser under the provisions of Code § 11-2.3; and 3. entitlement as between vendor and purchaser to proceeds of an insurance policy maintained by the vendor resulting from a fire casualty to the property after the contract was…

2Cases cited8 opinions

  1. Brownell v. Board of Education of Inside Tax District of City of Saratoga SpringsNew York Court of Appeals · 1925
  2. Lynch v. JohnsonSupreme Court of Virginia · 1954
  3. Phinizy v. GuernseySupreme Court of Georgia · 1900
  4. Thompson v. GearheartSupreme Court of Virginia · 1923
  5. Barnett v. Cloyd's Ex'rsSupreme Court of Virginia · 1919

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