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KAY ADVERTISING CO. v. OLDE LONDON TRANSP.

Record No. 740773.

217 S.E.2d 876 (1975)

KAY ADVERTISING COMPANY, INC. d/b/a British Promotions v. OLDE LONDON TRANSPORTATION COMPANY.

Supreme Court of Virginia.

September 5, 1975.

Attorney(s) appearing for the Case

Stanley G. Barr, Jr., Norfolk (Canoles, Mastracco, Martone, Barr & Russell, Norfolk, on brief), for plaintiff in error.

Robert M. Furniss, Jr., Norfolk (Furniss, Davis & Sachs, Norfolk, on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

POFF, Justice.

Kay Advertising Company, Inc., d/b/a British Promotions (the seller), filed a motion for judgment against Olde London Transportation Company, Jay H. Zimmerman, and Rudolph D. King (collectively, the buyer) to recover the amount due on certain purchase money notes. In its answer, the buyer admitted execution but alleged failure of consideration. The buyer filed a counterclaim seeking $15,000 in damages for breach of warranty. At the conclusion of all...

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