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MARINA SHORES v. COHN-PHILLIPS

Record Nos. 921611, 921627.

435 S.E.2d 136 (1993)

MARINA SHORES, LTD. v. COHN-PHILLIPS, LTD. COHN-PHILLIPS, LTD. v. MARINA SHORES, LTD.

Supreme Court of Virginia.

September 17, 1993.

Attorney(s) appearing for the Case

J. Gray Lawrence Jr., Norfolk (Howell, Daugherty, Brown & Lawrence, on briefs), for appellant in Record No. 921611.

Carl W. Isbrandtsen, Virginia Beach, for appellee in Record No. 921611.

Carl W. Isbrandtsen, Virginia Beach, for appellant in Record No. 921627.

J. Gray Lawrence Jr., Norfolk (Howell, Daugherty, Brown & Lawrence, on brief), for appellee in Record No. 921627.

Present: All the Justices.

STEPHENSON, Justice.

In these multi-issue appeals, the dispositive issue is whether a restaurant lease was effectively terminated because the lessee defaulted in the payment of rent.

Marina Shores, Ltd. (Marina Shores) filed an unlawful detainer action against Cohn-Phillips, Ltd. (Cohn-Phillips) to obtain possession of certain restaurant premises and to recover damages. Marina Shores alleged, inter alia, that Cohn-Phillips was in default under the lease...

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