Harvey v. Mechanical Air Services, Inc.

By Judge Charles E. Poston

The Court today addresses the Defendant’s Special Plea of the Statute of Limitations and Motion to Dismiss. For the following reasons, the Court grants the Defendant’s Motion to Dismiss.

Facts and Procedural History

On September 29, 1998, the Plaintiff and the Defendant entered into a written contract in which the Defendant promised to furnish and install a new supply duct system in the Plaintiffs home. The Defendant signed the contract as “Mr. Comfort,” a registered trade name of the Defendant under Virginia Code § 59.1-69. The Plaintiff contends that the new system…