The Game Place, LLC v. Fredericksburg 35, LLCAnnotate this Case
The Supreme Court reversed the trial court’s final judgment against a Lessee and its guarantor in this action brought by the Lessor seeking unpaid rent under a fifteen-year lease after the Lessee vacated the leasehold prior to the expiration of the fifteen-year term.
After this action was filed, the Lessee demurred, arguing that the lease was unenforceable under the Statute of Conveyances because it did not contain a seal as required by the common law for a deed or one of the substitutes for a seal available under Va. Code 11-3. The trial court overruled the demurrer and entered judgment against the Lessee. The Supreme Court reversed and entered final judgment in favor of the Lessee and its guarantor, holding that the fifteen-year lease was unenforceable as a matter of law because the lease violated the Statute of Conveyances and the common-law seal requirement.