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DAUGHERTY v. DIMENT

Record No. 871150.

385 S.E.2d 572 (1989)

Richard DAUGHERTY v. William H. DIMENT, et al.

Supreme Court of Virginia.

November 10, 1989.

Attorney(s) appearing for the Case

William F. Krebs (Mary Startzman Wade, Stephenson & Balthrop, Fairfax, on briefs), for appellant.

Douglas E. Bywater (Tate & Bywater, Vienna, on brief), for appellees William H. Diment and Evelyn E. Diment.

Wayne F. Cyron, Arlington, for appellee Patrice S. Fyda.

No brief or argument for appellees Harold O. Miller, Trustee, Reston, Brian M. O'Conner, Trustee, Douglas E. Bywater, Substitute Trustee, Vienna, Lawrence LeGallo, Joan LeGallo, David Pitt and Robert J. Koreski.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, RUSSELL, THOMAS, WHITING and LACY, JJ.

COMPTON, Justice.

In this controversy arising from an installment land sales contract, we must determine whether the trial court correctly concluded that the free assignability clause of the contract did not conflict with the "due on sale" clause of a deed of trust.

The facts are undisputed. Prior to September 1981, appellees William H. Diment and Evelyn E. Diment, his wife, held record title to improved real estate...

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