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BURTON LUMBER CORP. v. AUGHENBAUGH

Record Nos. 791585, 800928.

290 S.E.2d 853 (1982)

BURTON LUMBER CORPORATION v. Robert K. AUGHENBAUGH, et al. BURTON LUMBER CORPORATION v. Ralph DEMPSEY, et al.

Supreme Court of Virginia.

April 30, 1982.

Attorney(s) appearing for the Case

Michael A. Glasser, Norfolk (Bernard Glasser, Glasser & Glasser, Norfolk, on brief), for appellant in No. 791585.

William B. Smith, Virginia Beach (James B. Lonergan, Smith, Dickerson & Horne, Virginia Beach, on brief), for appellees in No. 791585.

Joseph J. Lawler, Virginia Beach (Bernard Glasser, Norfolk, Kellam, Pickrell & Lawler, Virginia Beach, on brief), for appellant in No. 800928.

James B. Lonergan, Virginia Beach (William B. Smith, Smith, Dickerson & Horne, Virginia Beach, on brief), for appellees in No. 800928.

Before CARRICO, C. J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

COMPTON, Justice.

The dispositive question in these cases is whether the respective trial courts erred in failing to rule as a matter of law that a materialman was entitled to recover from individual landowners the cost of lumber products incorporated into new homes.

Appellees Robert K. Aughenbaugh and Patricia S. Aughenbaugh, his wife, and Ralph Dempsey and Joan Dempsey, his wife, purchased Lot 3 in Lynnhaven Acres, located in Virginia Beach. Subsequently...

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