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ATLANTIC RICHFIELD COMPANY v. BEASLEY

210 S.E.2d 151 (1974)

215 Va. 348

ATLANTIC RICHFIELD COMPANY v. D. W. BEASLEY.

Supreme Court of Virginia.

December 2, 1974.

Attorney(s) appearing for the Case

Grover C. Outland, Jr., Norfolk (Outland & Gray, Norfolk, on brief), for plaintiff in error.

A. Andrew Ege, Jr., Virginia Beach (Richard G. Brydges, Brydges, Hammers & Hudgins, Virginia Beach, on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

CARRICO, Justice.

In this landlord-tenant case, the landlord, Atlantic Richfield Company (hereinafter Arco), complains of a judgment for $4,509.93 entered upon a jury verdict in favor of the tenant, D. W. Beasley (hereinafter Beasley). The recovery was based upon a breach by Arco of an implied covenant of quiet enjoyment relating to service station premises leased to Beasley. The sole question on appeal is whether, as a matter of law, Beasley waived the breach and...

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