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TURNEY v. SMITH

180 S.E.2d 509 (1971)

Jack R. TURNEY, Jr., and Rachel H. Turney v. George SMITH, Jr., and Dora P. Smith.

Supreme Court of Appeals of Virginia.

April 26, 1971.

Attorney(s) appearing for the Case

Henry C. Mackall, Fairfax (Mackall & Mackall, Fairfax, on brief), for appellants.

Mark P. Friedlander, Arlington (Harry P. Friedlander, Friedlander, Friedlander & Brooks, Arlington, on brief), for appellees.

Before SNEAD, C. J., and GORDON, HARRISON, COCHRAN and HARMAN, JJ.

HARMAN, Justice.

Rachel H. and Jack R. Turney, Jr. (sellers or the Turneys) are appealing from a decree that awarded Dora P. and George Smith, Jr. (purchasers or the Smiths) specific performance of a real estate sale contract involving a residence and approximately 1.5 acres of land on Ballantrae Lane in McLean, Fairfax County, Virginia. The controlling question in the case is whether time was of the essence in the performance of the contract.

The Turneys...

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