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McLESKEY v. OCEAN PARK INVESTORS, LTD

Record No. 901365.

405 S.E.2d 846 (1991)

F. Wayne McLESKEY, Jr. v. OCEAN PARK INVESTORS, LTD.

Supreme Court of Virginia.

June 7, 1991.

Attorney(s) appearing for the Case

Carl W. Isbrandtsen, Virginia Beach, for appellant.

James A. Evans (John B. Dinsmore, Dinsmore, Evans and Bryant, on brief), Virginia Beach, for appellee.

Present: All the Justices.

RUSSELL, Justice.

In this appeal from a decree rescinding a contract of sale of real property, the dispositive question is whether the party seeking rescission was estopped to do so, having previously sought to enforce the contract. Finding such an estoppel warranted, we will reverse.

On June 5, 1979, F. Wayne McLeskey, Jr., (McLeskey) entered into a contract of sale with Richard S. Foster (Foster) whereby Foster agreed to purchase 14 subdivided but undeveloped...

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