Whitley v. Booker Brick Co.
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Newport News, in a proceeding by motion for a judgment. Judgment for the plaintiff. * Defendant assigns error.
1Opinion of the CourtWhittle, J.
This is a proceeding by motion, under Virginia Code 1904, section 3211, to recover $490.95; $286.05, part thereof, was evidenced by open account for the sale of bricks, and the residue by note, subject to a payment of $40.00.
The plaintiff in error, the defendant in the trial court, admitted the plaintiff’s claim to the extent of $150.95, and as to the residue pleaded non-assumpsit, to which the plaintiff replied generally, and the issue thus made was submitted to a jury.
The president of the plaintiff company, having testified to the correctness of the demand, was asked on cross-examination if…
2Cases cited7 opinions
- Carr v. Meade's Ex'xSupreme Court of Virginia · 1883
- Bunch's Ex'or v. Fluvanna CountySupreme Court of Virginia · 1890
- Hall v. RatliffSupreme Court of Virginia · 1896
- Preston v. Salem Improvement Co.Supreme Court of Virginia · 1895
- Liskey v. PaulSupreme Court of Virginia · 1902
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3Cited by14 opinions
- Chisholm v. GilmerSupreme Court of the United States · 1936
- Powell v. Sears, Roebuck & Co.Supreme Court of Virginia · 1986
- Sutherland v. GuthrieWest Virginia Supreme Court · 1918
- Keister's Executors v. Philips'Supreme Court of Virginia · 1919
- Emerald Point, LLC v. HawkinsSupreme Court of Virginia · 2017
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