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SEOANE v. DRUG EMPORIUM, INC.

Record No. 941179.

457 S.E.2d 93 (1995)

Robert J.J. SEOANE, et al. v. DRUG EMPORIUM, INC., etc.

Supreme Court of Virginia.

April 21, 1995.

Attorney(s) appearing for the Case

William E. Hassan, Fairfax (Duvall, Harrigan, Hale & Hassan, on briefs), for appellants.

James M. Kefauver, Rockville, MD (James A. Powers and Shulman, Rogers, Gandal, Pordy & Ecker, on brief), for appellee.

Present: All the Justices.

WHITING, Justice.

In this appeal, we consider (1) whether a lease required the landlord to replace the roof and heating and air conditioning units located on the roof (the heating and air conditioning units), and (2) if not, whether the tenant lost its possessory rights by withholding over 24 monthly rental payments in reimbursement of those replacement costs incurred by the tenant.

I

On March 28, 1991, Drug Emporium, Inc. (the tenant) acquired a...

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