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WHITE CONSOL. INDUSTRY, INC. v. SWINEY

Record No. 860337.

376 S.E.2d 283 (1989)

WHITE CONSOLIDATED INDUSTRY, INC., D/B/A, et al. v. Roger SWINEY, et al.

Supreme Court of Virginia.

January 13, 1989.

Attorney(s) appearing for the Case

James A.L. Daniel (Martha White Medley, Meade, Tate & Daniel, P.C., Danville, on brief), for appellants.

Robert W. Mann (Young, Haskins, Mann & Gregory, Martinsville, on brief), for appellees.

Present: CARRICO, C.J., POFF, COMPTON, STEPHENSON, RUSSELL, THOMAS, and WHITING, JJ.

POFF, Justice.

The defendants in this products liability case appeal from a judgment awarding the plaintiffs damages for property consumed by a fire allegedly caused by a defect in an electric stove. The defendants contend that the plaintiffs failed to prove the elements of an actionable breach of an implied warranty of merchantability, that the plaintiffs' continued use of a product known to be defective barred their claim...

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