Legal Opinion

Flowers Baking Co. v. R-P Packaging, Inc.

Supreme Court of Virginia

Decided April 26, 1985No. Record 820545PublishedCited by 9 opinions

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…

2Cases cited3 opinions

  1. Miron v. Yonkers Raceway, Inc.Court of Appeals for the Second Circuit · 1968
  2. D. R. Curtis Co. v. MasonIdaho Court of Appeals · 1982
  3. White Lumber Sales, Inc. v. C. BRINSON LAMB & SONS LUMBER COMPANY, INC.Court of Appeals of Georgia · 1970

3Cited by9 opinions

  1. Computer Network, Ltd. v. Purcell Tire & Rubber Co.Missouri Court of Appeals · 1988
  2. Hanwha Azdel, Inc. v. C & D Zodiac, Inc.Court of Appeals for the Fourth Circuit · 2015
  3. In Re BTS, Inc.United States Bankruptcy Court, W.D. Missouri · 1989
  4. Delta Star, Inc. v. MICHAEL'S CARPET WORLDSupreme Court of Virginia · 2008
  5. Claybrook v. AutoZone Texas, L.P. (In Re American Remanufacturers, Inc.)United States Bankruptcy Court, D. Delaware · 2011

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