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KERN v. FREED CO., INC.

Record No. 800528.

299 S.E.2d 363 (1983)

Donald F. KERN v. FREED COMPANY, INC.

Supreme Court of Virginia.

January 21, 1983.

Attorney(s) appearing for the Case

T. David Thelen, Lovingston (Eggleston & Thelen, Lovingston, on briefs), for appellant.

Roger B. Willetts, Waynesboro (Edmunds, Willetts & Yount, Waynesboro, on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

STEPHENSON, Justice.

In a bench trial, Freed Company, Inc., obtained a judgment for $3,142.72 against Donald F. Kern for the sale of certain household appliances. Kern appeals, contending the trial court erred in holding he was indebted to Freed.

The pertinent facts are undisputed. On January 24, 1978, Kern, a resident of Virginia Beach, contracted with Elk Mountain Development Corporation for construction of a house at Wintergreen, in Nelson County. The contract...

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