In a slow week, SCOVA granted just one appeal (and reportedly on a petition for rehearing at that): a parol evidence/statute of frauds/estoppel case out of Williamsburg.

As a bit of a contract junkie, I’ve got to admit that I’m interested. Also, Joe Rainsbury and Steve Emmert are involved, so the issues will be presented well.

Details after the jump.

Perkins v. Henderson, Record Number 101633 from the Circuit Court for the City of Williamsburg and the County of James City


  • L. Steven Emmert (Sykes, Bourdon, Ahern & Levy, P.C.) and Michael L. Heikes (Heikes & Bolinger, P.C.) for appellant.
  • Thomas M. Wolf, William H. Shewmake, John M. Robb, III, and Joseph M. Rainsbury (LeClairRyan) for appellees.

Assignments of Error

  1. The trial court erroneously permitted the buyer to adduce parol evidence to modify the terms of the Contract of Purchase.
  2. The trial court erroneously denied the seller’s motions to strike the buyer’s evidence, since the Statute of Frauds bars the buyer’s cause of action and its only defense to the counterclaim.
  3. Assignment of Cross-Error: The trial court erred in not granting Henderson’s proffered jury instruction on estoppel.