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FLOWERS BAKING CO. v. R-P PACKAGING, INC.

Record No. 820545.

329 S.E.2d 462 (1985)

FLOWERS BAKING CO. OF LYNCHBURG, INCORPORATED, et al. v. R-P PACKAGING, INCORPORATED, et al.

Supreme Court of Virginia.

April 26, 1985.

Attorney(s) appearing for the Case

Robert C. Wood, III, Lynchburg (Edmunds, Williams, Robertson, Sackett, Baldwin & Graves, Lynchburg, on briefs), for appellants.

Norman A. Kinnier, Killis T. Howard, Lynchburg (Martin, Taylor, Fralin, Freeman & Perrow, Lynchburg, on briefs), for appellees.

Present: All the Justices.

RUSSELL, Justice.

This appeal turns on questions concerning the formation of contracts under the Uniform Commercial Code (Code §§ 8.2-204 and 8.2-305) and subsidiary questions concerning the Statute of Frauds (Code § 8.2-201(3)(a)) and the burden of proving nonconformity of goods to a contract (Code § 8.2-607(4)).

Kern's Bakery of Virginia, Inc. (Kern's) operated a bakery in Lynchburg in 1977. R-P Packaging, Incorporated (R-P), of Columbus...

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