LERNER v. GUDELSKY CO.

Record No. 821304.

334 S.E.2d 579 (1985)

Theodore N. LERNER, et al. v. The GUDELSKY COMPANY, etc., et al.

Supreme Court of Virginia.

September 6, 1985.


Attorney(s) appearing for the Case

John T. Hazel, Jr., Fairfax (Grayson P. Hanes, Richard W. Hausler, Hazel, Beckhorn & Hanes, Fairfax, on briefs), for appellants.

Haynie S. Trotter, Fairfax, (E.A. Prichard, Thomas F. Farrell, II, Boothe, Prichard & Dudley, Fairfax, on brief), for appellees.

Present: All the Justices.


RUSSELL, Justice.

In this appeal from a decree ordering forfeiture of a purchaser's earnest-money deposit, the dispositive question is whether there was a breach of an express condition precedent, relieving the purchaser of his duty to perform the contract.

In the early 1960's, the Gudelsky Company (Gudelsky), Ammerman Investment Limited Partnership (Ammerman), and Theodore N. Lerner, Annette M. Lerner, and Lerner Enterprises (collectively and individually...

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