BURRUSS TIMBER CO., INC. v. FRITH

Record No. 820241.

324 S.E.2d 679 (1985)

BURRUSS TIMBER COMPANY, INC. v. F. Earl FRITH, t/a, etc.

Supreme Court of Virginia.

January 18, 1985.


Attorney(s) appearing for the Case

David T. Petty, Jr., Lynchburg (Kizer, Phillips & Petty, Lynchburg, on briefs), for appellant.

W.H. Jolly, Alton B. Prillaman, Roanoke (Jolly, Place, Fralin & Prillaman, P.C., Roanoke, on brief), for appellee.

Present: CARRICO, C.J., COCHRAN, COMPTON, RUSSELL and THOMAS, JJ., and HARRISON and GORDON, Retired Justices.


RUSSELL, Justice.

In this action for the recovery of a real estate broker's commissions, the dispositive question is whether commissions are earned where a purchaser acquires all the stock of the corporate landowner, rather than taking title to its land by conveyance. We conclude that such a transaction is not a sale of land in the circumstances of the case before us and reverse a judgment for broker's commissions.

Burruss Land and Lumber Company, Incorporated...

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