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BAKER v. JIM WALTER HOMES

No. 2:05CV00059.

438 F.Supp.2d 649 (2006)

Ron BAKER, Plaintiff, v. JIM WALTER HOMES, INC., Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

July 19, 2006.

Attorney(s) appearing for the Case

John H. Qualls and Gregory J. Baker, Gate City, VA, for Plaintiff.

William W. Tunner, Thompson & McMullan, P.C., Richmond, VA, for Defendant.

JONES, Chief Judge.

In this diversity case, I find that the plaintiff's action is barred by the Virginia statute of frauds.

The plaintiff, Ron Baker, filed suit in the Circuit Court of Scott County, Virginia, against the defendant, Jim Walter Homes, Inc. ("Jim Walter Homes"), alleging that the defendant had breached a "valid oral contract" to sell the plaintiff a two-story model home from the defendant's lot. (Mot. J. ¶ 13.)1

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