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CEMETERY CONSULTANTS, INC. v. WARE

180 S.E.2d 528 (1971)

CEMETERY CONSULTANTS, INC. v. Gordon H. WARE.

Supreme Court of Appeals of Virginia.

April 26, 1971.

Attorney(s) appearing for the Case

Robert R. MacMillan, Norfolk (George H. Bowers, Jr., Breeden, Howard & MacMillan, Norfolk, on brief), for appellant.

Allan G. Donn, Norfolk (W. Edward Hudgins, Jr., Virginia Beach, Richard B. Spindle, III, Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, on brief), for appellee.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

HARRISON, Justice.

Involved here is the construction of a sales agreement dated March 10, 1964 wherein Cemetery Consultants, Inc. agreed to buy and Gordon H. Ware agreed to sell, for $200,076.05, all the shares of the capital stock of Rosewood Memorial Park, Inc., a cemetery corporation located in Virginia Beach. The agreement provides that "[t]his sale is made in accordance with the balance sheet prepared and submitted as of December 31, 1963, which said balance...

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