Goode v. Franklin Welding & Equipment Co.

By Judge James W. Updike, Jr.

In the captioned matter, plaintiffs’ amended motion for judgment alleges breaches of an implied warranty of merchantability and an implied warranty of fitness for a particular purpose under §§ 8.2-314 and 8.2-315 of the Code of Virginia, respectively.

M. B. Goode and his son, Mark B. Goode, own and operate as equal partners a farm in Bedford County known as Double Good Farm. On December 10, 1996, the plaintiff, Double Good Farm (hereinafter “Double Good”) ordered a new feed mixer from defendant, Franklin Welding and Equipment Company, Inc. (hereinafter “Franklin…