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DHA, INC. v. LEYDIG

Record No. 821952.

340 S.E.2d 831 (1986)

DHA, INC., t/a Eastern Timber Products v. Fay E. LEYDIG.

Supreme Court of Virginia.

March 7, 1986.

Attorney(s) appearing for the Case

Victor F. Rinaldi (Cowles, Rinaldi & Arnold, Ltd., Fairfax, on briefs), for appellant.

William T. Freyvogel (Adams, Porter & Radigan, Arlington, on brief), for appellee.

Present: All the Justices.

THOMAS, Justice.

DHA, Inc., T/A Eastern Timber Products sued Fay E. Leydig for breach of contract. At the end of plaintiff's case, the trial court struck plaintiff's evidence on a ground not asserted by defendant and not placed in issue by the pleadings. In our opinion, there was sufficient evidence to require defendant to present his case. Therefore, we will reverse.

According to the agreed statement of facts,...

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