Smithfield Packing Co., Inc. v. Dunham-Bush, Inc.

MEMORANDUM OPINION AND ORDER

CLARKE, District Judge.

This matter comes before the Court on defendants’ motions to dismiss and for summary judgment on the ground that the applicable statute of limitations bars this suit. Plaintiff purchased a boiler in December of 1963 for use in its Smithfield, Virginia, plant. On October 22, 1973, the boiler exploded and caused damages to plaintiff’s property. Plaintiff filed suit on October 21, 1975. Summarizing the forty-one (41) count Complaint, plaintiff seeks recovery under the following theories:(a) breach of express warranty;(b) breach of express and…