Fite v. McEntyre

The petition in the instant case, while it may not be perfect or free from defects which might have been taken advantage of by a special demurrer based upon the proper grounds, is not subject to a general demurrer. The action is essentially one for the breach of an implied warranty in law under Code § 96-301 (2), which is: “If there is no express covenant of warranty, the purchaser must exercise caution in detecting defects; the seller, however, in all cases (unless expressly or from the nature of the transaction excepted) warrants that . . 2. The article sold is merchantable, and reasonably…