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FRALEY v. FAMILY DOLLAR STORES

No. 21002.

422 S.E.2d 512 (1992)

188 W.Va. 35

Thomas F. FRALEY, Leslie D. Fraley and Norman G. Fraley, Plaintiffs Below, Appellees, v. FAMILY DOLLAR STORES OF MARLINTON, WEST VIRGINIA, INC., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 8, 1992.

Attorney(s) appearing for the Case

Jerry D. Moore, Franklin, for appellees.

George G. Guthrie, Thomas P. Larus, King, Betts & Allen, Charleston, George I. Sponaugle, II, Sponaugle, Sponaugle & Bowers, Franklin, for appellant.

PER CURIAM:

Family Dollar Stores of Marlinton, West Virginia, Inc., appeals the decision of the Circuit Court of Pendleton County finding that Family Dollar had forfeited its lease with Thomas F. Fraley, Leslie D. Fraley and Norman G. Fraley by failing to pay rent. On appeal, Family Dollar argues that the circuit court erred in determining that it owed the Fraleys $16,497.25 for the 1990 rent, and in declaring a forfeiture of the lease based on a good faith dispute...

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