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CHITTUM v. POTTER

Record No. 741013.

219 S.E.2d 859 (1975)

W. B. CHITTUM, Sheriff of Rockbridge County, Personal Representative of the Estate of Richard B. Macgurn, Deceased v. Charles A. POTTER, Jr., et al.

Supreme Court of Virginia.

December 1, 1975.

Attorney(s) appearing for the Case

Thomas C. Spencer, William O. Roberts, Jr., Lexington (Spencer & Crawford, Lexington, on brief), for appellant.

Wayt B. Timberlake, Jr., Staunton (Timberlake, Smith, Thomas & Moses, Staunton, on brief), for appellees.

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

COCHRAN, Justice.

W. B. Chittum, Sheriff of Rockbridge County, as personal representative of the estate of Richard B. Macgurn, deceased, filed an amended bill of complaint in the trial court seeking specific performance by Charles A. Potter, Jr., of an alleged contract for the sale to Macgurn of certain real estate. The chancellor ruled that the evidence, which he heard ore tenus, failed to establish a contract....

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