Legal Opinion

Rastek Constr. & Dev. Corp. v. Gen. Land Commercial Real Estate Co.

Supreme Court of Virginia

Decided November 30, 2017No. Record 161549PublishedCited by 16 opinions

1Opinion of the Court

OPINION BY JUSTICE D. ARTHUR KELSEY

**419 In this case, a real estate broker, General Land Commercial Real Estate Company, LLC (the "Broker"), sued Rastek Construction & Development Corporation (the "Seller") to obtain a sales commission despite the fact that the contemplated sale ultimately never took place. Awarding the sales commission to the Broker, the trial court held that (i) the Broker was a third-party beneficiary of the sale agreement, (ii) the parties to the sale agreement waived its time-is-of-the-essence provision, and (iii) the Seller improperly prevented the closing.

**420 The…

2Cases cited18 opinions

  1. Commonwealth v. WhiteSupreme Court of Virginia · 2017
  2. Amies v. WesnofskeNew York Court of Appeals · 1931
  3. Valley Landscape Co. v. RollandSupreme Court of Virginia · 1977
  4. Manss-Owens Co. v. H. S. Owens & SonSupreme Court of Virginia · 1921
  5. Professional Realty Corp. v. BenderSupreme Court of Virginia · 1976

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3Cited by16 opinions

  1. RECP IV WG Land Investors LLC v. Capital One Bank (USA), N.A.Supreme Court of Virginia · 2018
  2. Aundrey Hubbard v. Scott H. Jenkins In his official capacity as Sheriff of Culpeper County, VA.Court of Appeals of Virginia · 2023
  3. Aundrey Hubbard v. Scott H. Jenkins In his official capacity as Sheriff of Culpeper County, VA.Court of Appeals of Virginia · 2023
  4. BAE Systems Ordnance Systems, Inc. v. Fluor Federal Solutions, LLCDistrict Court, W.D. Virginia · 2025
  5. Bon Secours-DePaul Medical Center v. Rogakos-RussellSupreme Court of Virginia · 2025

11 more not listed; retrieve them via the Exa API.

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