Richardson Construction Co. v. Whiting Lumber Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Suffolk in an action of assumpsit. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the CourtHarrison, J.
This suit was brought by the Whiting Lumber Company to recover of the defendant construction company $695.71, alleged to be the balance due upon certain bills of lumber actually delivered by the plaintiff to the defendant. The defendant filed a special plea of set-off for the sum of $686.45 against the plaintiff’s demand, asserting in the plea that one of the bills of lumber that the plaintiff had agreed to sell to it at a stipulated price was not delivered, and that by reason thereof the defendant was compelled to go upon the market and purchase other lumber of the same kind, the market…
2Cases cited4 opinions
- Tidewater Quarry Co. v. ScottSupreme Court of Virginia · 1906
- O. H. Perry Tie & Lumber Co. v. Reynolds & Bro.Supreme Court of Virginia · 1902
- Nottingham Coal & Ice Co. v. PreasSupreme Court of Virginia · 1904
- Long Pole Lumber Co. v. Saxon Lime & Lumber Co.Supreme Court of Virginia · 1908
3Cited by6 opinions
- Druckman v. Forsyth Furniture Lines, Inc.Court of Appeals for the Fourth Circuit · 1927
- John H. Maclin Peanut Co. v. Pretlow & Co.Supreme Court of Virginia · 1940
- New Idea Spreader Co. v. R. M. Rogers & SonsSupreme Court of Virginia · 1917
- Van Raalte Co. v. Solof Bros.West Virginia Supreme Court · 1921
- Joseph H. Baker & Co. v. HartmanSupreme Court of Virginia · 1924
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