972711 Ash v. All Star Lawn and Pest Control 11/06/1998 The trial court erred in ruling that purchasers of real property could not recover for breach of contract against an inspection company for fail

State: Virginia

Court: Supreme Court

Docket No: 972711

Case Date: 11/06/1998

Plaintiff: 972711 Ash

Defendant: All Star Lawn and Pest Control 11/06/1998 The trial court erred in ruling that purchasers of real p

Preview:Present: All the Justices

KENNETH R. ASH, SR. AND
JOYCE A. ASH
   OPINION BY
v.  Record No. 972711 JUSTICE LAWRENCE L. KOONTZ, JR.
   November 6, 1998
ALL STAR LAWN AND
PEST CONTROL, INC.

FROM THE CIRCUIT COURT OF THE CITY OF PORTSMOUTH
James A. Cales, Jr., Judge

In this appeal, we consider whether the trial court properly ruled that purchasers of real property could not recover under a claim of breach of contract against the inspection company for failure to provide an adequate termite and moisture damage report on behalf of the seller as required as a condition of the sale of the property.
Under well-settled principles, we recount only those facts necessary to our resolution of the appeal.  On January 3, 1994, Kenneth R. Ash, Sr. and Joyce A. Ash (the Ashes) completed the purchase of a home in Portsmouth.  The contract of sale required the Ashes to take possession of the home

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