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WARD'S EQUIP. v. NEW HOLLAND NORTH AM.

Record No. 962544.

493 S.E.2d 516 (1997)

WARD'S EQUIPMENT, INC., et al. v. NEW HOLLAND NORTH AMERICA, INC.

Supreme Court of Virginia.

October 31, 1997.

Attorney(s) appearing for the Case

J. Michael Dady, Minneapolis, MN (Robin M. Spencer; Joseph W. Milam, Jr., Danville; Dady & Gardner, Minneapolis, MN; Woods, Rogers & Hazlegrove, Danville, on briefs), for appellants

John Charles Thomas (R. Noel Clinard; Carla T. Hurlbert; Alison R. Wright; Hunton & Williams, on brief), Richmond, for appellee.

Present: CARRICO, C.J., and COMPTON, LACY, HASSELL, KEENAN and KINSER, JJ., and WHITING, Senior Justice.

COMPTON, Justice.

In this controversy arising from a written contract between a manufacturer and a dealer in farm equipment, the case turns upon whether a party suing for damages may allege facts that essentially reform the contract and thereby withstand demurrer.

In June 1995, appellants Ward's Equipment, Inc., Carl Ward, and Anne Ward (collectively, the dealer) sued appellee New Holland North America, Inc., successor to Ford New Holland, Inc. (the manufacturer...

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