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STUARTS DRAFT SHOPPING v. S-D ASSOCIATES

Record No. 951364.

468 S.E.2d 885 (1996)

STUARTS DRAFT SHOPPING CENTER, L.P. v. S-D ASSOCIATES.

Supreme Court of Virginia.

April 19, 1996.

Attorney(s) appearing for the Case

Edward B. Lowry, Charlottsville (Denise Y. Lunsford; Michie, Hamlett, Lowry, Rasmussen & Tweel, on briefs), for appellant.

Colin J.S. Thomas, Jr., Staunton (Timberlake, Smith, Thomas & Moses, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, LACY, KEENAN and KOONTZ, JJ., and WHITING, Senior Justice.

WHITING, Senior Justice.

The primary issues in this appeal involve an alleged breach of warranty in the sale of a shopping center and, if the warranty was violated, a claimed waiver of that breach. Conforming to well-settled appellate principles, we state the few disputed facts in the light most favorable to the seller, who prevailed before the jury.

In June 1988, Stuarts Draft Shopping Center, L.P., a limited partnership...

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