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POWELL MOUNTAIN JOINT VENTURE v. MOORE

Record No. 931087.

445 S.E.2d 135 (1994)

POWELL MOUNTAIN JOINT VENTURE v. Ronald L. MOORE, etc., et al.

Supreme Court of Virginia.

June 10, 1994.

Attorney(s) appearing for the Case

Stephen M. Hodges, Abingdon (Monroe Jamison, Penn, Stuart, Eskridge & Jones, on briefs), for appellant.

Richard D. Kennedy, Wise (Jeffery A. Sturgill, Wise, Emmitt F. Yeary, Abingdon, Sturgill, Mullins & Kennedy, Wise, Yeary, Tate, Lowe & Rowlett, Abingdon, on brief), for appellees.

Present: All the Justices.

STEPHENSON, Justice.

In this appeal from a judgment sustaining a demurrer, we determine whether the trial court erred in ruling that a party to an agreement either terminated the agreement or failed to effectively exercise the right to extend it.

Powell Mountain Joint Venture (Powell Mountain) filed a chancery suit against Ronald L. Moore, individually, and as co-executor of the estate of Royce Moore, deceased, and others (the Moores), seeking specific performance...

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