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FAUNTLEROY v. WALKER

Record No. 771735.

257 S.E.2d 766 (1979)

Armistead W. FAUNTLEROY et al. v. Francis T. WALKER.

Supreme Court of Virginia.

August 30, 1979.

Attorney(s) appearing for the Case

S. W. Tucker, Richmond (Stephanie J. Valentine, Hill, Tucker & Marsh, Richmond, on briefs), for appellants.

Matson C. Terry, II, White Stone (C. Jackson Simmons, Dunton, Simmons & Dunton, White Stone, on brief), for appellee.

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

PER CURIAM.

By motion for judgment filed in the court below, the plaintiffs, Armistead W. Fauntleroy and Frances E. Fauntleroy, sought damages of $35,000 from the defendant, Francis T. Walker, for the latter's failure to perform a written contract to construct a house for the plaintiffs. In a jury trial, at the conclusion of all the evidence, the court struck the evidence and entered summary judgment for the defendant because of the plaintiffs' failure to prove damages...

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