BERGMUELLER v. MINNICK

Record No. 880809.

383 S.E.2d 722 (1989)

Walter A. BERGMUELLER, et al. v. Joseph F. MINNICK, et al.

Supreme Court of Virginia.

September 22, 1989.


Attorney(s) appearing for the Case

David A. Penrod (Hoover, Hoover, Penrod & Davenport, Harrisonburg, on briefs), for appellants.

Dennis L. Hupp, Woodstock, for appellees Joseph F. Minnick and Anne E. Minnick.

No briefs or arguments for appellees Koepfle Realty, Inc. and Katherine M. Scott.

Present: All the Justices.


RUSSELL, Justice.

In this suit for rescission of a contract for the sale of land, the issues are whether there was constructive fraud on the part of the sellers' agent justifying rescission, and if so, whether the purchasers waived it.

Walter A. Bergmueller and his wife resided in Kansas in 1980. Planning to retire a few years later, they looked for property in the Shenandoah Valley near New Market upon which to build a retirement home. In the fall of 1980...

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