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DAVIS v. WICKLINE

135 S.E.2d 812 (1964)

205 Va. 166

David W. DAVIS et al. v. James A. WICKLINE.

Supreme Court of Appeals of Virginia.

April 27, 1964.

Attorney(s) appearing for the Case

John D. Epperly, Martinsville (M. H. MacBryde, Jr., Broaddus, Epperly & Broaddus, Martinsville, on brief), for appellants.

Jackson L. Kiser, Martinsville (Young, Kiser & Frith, Martinsville, on brief), for appellee.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

WHITTLE, Justice.

Wickline filed a petition for declaratory judgment under § 8-578 of the Code of Virginia against Davis and others, lessors of a building which was to be erected for and used by Wickline as a drug store. The suit prayed for the construction of paragraph "Fourth" in the lease.

The point in issue between the parties was that Davis contended that paragraph "Fourth" of the lease "Contains a positive covenant (on the part of Wickline) to operate...

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