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City of Bedford v. James Leffel & Co.

558 F.2d 216 (1977)

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City of Bedford v. James Leffel & Co.

United States Court of Appeals for the Fourth Circuit
558 F.2d 216 (1977)

  • Written by Robert Cane, JD

Facts

The City of Bedford, Virginia, (plaintiff) purchased two hydroelectric turbines from James Leffel & Company (Leffel) (defendant). The two turbines were installed at the city’s hydroelectric plant in 1969. One turbine failed to perform upon installation, and the other turbine started deteriorating after about three years. From the time the problems began, Leffel helped with repair and remediation efforts to no avail until 1975. Over this time, Leffel made repeated assurances and attempts to sort out the problems with the performance of the turbines. The relationship between the city and Leffel soured after the city threatened litigation in 1974. The city ultimately filed suit against Leffel in 1975. The statute of limitations for contract actions was four years. Leffel filed a motion for summary judgment, pleading statute of limitations as a defense. The district court granted summary judgment in favor of Leffel. The city appealed to the United States Court of Appeals for the Fourth Circuit.

Rule of Law

Issue

Holding and Reasoning (Russell, J.)

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