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LAYNE-ATLANTIC COMPANY v. KOPPERS COMPANY, INC.

201 S.E.2d 609 (1974)

LAYNE-ATLANTIC COMPANY v. KOPPERS COMPANY, INC.

Supreme Court of Virginia.

January 14, 1974.

Attorney(s) appearing for the Case

Robert G. Winters, Norfolk (White, Reynolds, Smith & Winters, Norfolk, on brief), for plaintiff in error.

William T. Prince, James T. Martin, Norfolk (Williams, Worrell, Kelly & Worthington, Norfolk, on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

HARRISON, Justice.

Koppers Company, Inc. sought to recover a judgment against Layne-Atlantic Company in the amount of $14,580.95 for certain fiber glass well casing sold to Layne. The defendant denied liability, alleging failure of consideration and breach of warranty as to the fitness of the casing. Layne also counter-claimed against Koppers for damages alleged to have been suffered because of such breach. At the conclusion of all the evidence the trial court struck...

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