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CLEVERT v. JEFF W. SODEN, INC.

Record No. 900714.

400 S.E.2d 181 (1991)

Melvyn C. CLEVERT, et al. v. JEFF W. SODEN, INC.

Supreme Court of Virginia.

January 11, 1991.

Attorney(s) appearing for the Case

S. Keith Barker, Richmond, for appellants.

G.A. Kalbaugh, Jr. (Richard S. Samet, Richmond, on brief), for appellee.

Present: All the Justices.

WHITING, Justice.

In this appeal, we examine the scope of a contractual commitment to pay the attorneys' fees of a successful litigant should a dispute arise out of a "default in the performance of this contract." Specifically, we decide whether this language excludes liability for such fees where the dispute arises out of a defective performance of the contract instead of its nonperformance.

On February 22, 1986, Jeff W. Soden, Inc. (Soden)...

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