Flowers Baking Co. v. R-P Packaging, Inc.
Supreme Court of Virginia
1Opinion of the CourtRussell, J.
This appeal turns on questions concerning the formation of contracts under the Uniform Commercial Code (Code §§ 8.2-204 and 8.2-305) and subsidiary questions concerning the Statute of Frauds (Code § 8.2-201 (3)(a)) and the burden of proving nonconformity of goods to a contract (Code § 8.2-607(4)).
Kern’s Bakery of Virginia, Inc. (Kern’s) operated a bakery in Lynchburg in 1977. R-P Packaging, Incorporated (R-P), of Columbus, Ga., was a manufacturer of cellophane wrapping material which was used by Kern’s in packaging its product. In later 1977, Kern’s decided to change its system for the…
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