Indian Acres Club of Thornburg, Inc. v. Estate of Glover
Virginia Circuit Court
37 Va. Cir. 478 (1996)
- Written by Douglas Halasz, JD
Facts
Indian Acres Club of Thornburg, Inc. (the club) (plaintiff) was a property owners’ association. In 1986, the club’s board of directors passed resolutions that prohibited the club’s corporate officers from binding the club to any contract concerning the lease or exclusive use of the club’s real estate without board approval, as well as any contract for a term exceeding one year. Glover was the lessee of a long-term lease (the Glover lease) of certain real estate owned by the club. The Glover lease contained a non-assignment clause. In 1988, the club’s president, Ritter, signed an addendum on the club’s behalf, without obtaining board approval, that purported to remove the non-assignment clause from the Glover lease. Glover then attempted to assign the lease to Crowe (defendant), who was a member of the club’s board when the board passed the resolutions, voted in favor of the resolutions, and even seconded the motion for the adoption of one of the resolutions. The club sued Glover’s estate (defendant) and Crowe and sought declaratory relief. Glover’s estate and Crowe argued that the lease addendum signed by Ritter was effective because, as the club’s president, Ritter had the implied authority to change a material provision of the lease. Alternatively, Crowe argued that the lease addendum was effective based on Ritter’s apparent authority.
Rule of Law
Issue
Holding and Reasoning (Ledbetter, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
