Meredith v. Leake

By JUDGE MARVIN F. COLE

I have been concerned with two problems in this case. First is the question as to whether an implied warranty for a particular purpose is applicable in a case between a lessor and lessee such as is involved in this case and secondly, it appears to me that there is a question in this case as to whether the plaintiff did in fact rely upon any warranties made to him by employees at the Leake store.

In regard to the question of reliance I have gone to the case of Gerst v. Jones and Company, 73 Va. (32 Gratt.) 518 (1879), for a decision on this point. In that case it was…