City of Bedford v. The James Leffel & Co.

DONALD RUSSELL, Circuit Judge:

In this diversity contract action, plaintiff, the City of Bedford, Virginia, appeals from the district court’s order, entered on defendant’s motion for summary judgment, holding that its claim is barred by the Virginia Uniform Commercial Code’s four-year statute of limitations. For the reasons which follow, we vacate the entry of summary judgment and remand for further proceedings.

I

In late 1967 and early 1968, defendant, James Leffel & Co., agreed to design, manufacture and install replacement turbines in generator units No. 2 and No. 3 at plaintiff’s Snowden,…