SMITH v. HENSLEY


119 S.E.2d 332 (1961)

202 Va. 700

E. Carr SMITH et al., Individually and Trading, etc. v. C. T. HENSLEY, Individually and Trading, etc.

Supreme Court of Appeals of Virginia.

April 24, 1961.


Attorney(s) appearing for the Case

Wayne Lustig, Norfolk (Gordon E. Campbell, Norfolk, Gorin F. Hatchett, Hampton, on brief), for plaintiffs in error.

Thomas H. Wilson, II, Hampton (Wilson & Wilson, Hampton, on brief), for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.


I'ANSON, Justice.

This proceeding was instituted by C. T. Hensley, individually and trading as Cool Roof of the Peninsula, the appellee herein, against E. Carr Smith, Henry T. Smith and Richard W. Smith, individually and trading as E. Carr Smith and Sons and Cool Roof of Virginia, the appellants herein, to recover damages alleged to have been sustained as the result of the breach of an implied warranty in the sale to him of an "inferior and not of marketable quality...

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