Baltimore & Ohio R. R. v. Lafferty
West Virginia Supreme Court
John and William G. Lafferty, partners under the firm and style of J. ‡ W. G. Lafferty, brought, an action of assump-sit in tbe circuit court of Ohio county, in June, 1853, against tbe Baltimore and Ohio Railroad Company, claiming 25,000 dollars damages. The declaration contained tbe usual indebitatis assumpsit count, and an insimul computassent count. Issue was joined upon tbe plea of non assumpsit.
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John and William G. Lafferty, partners under the firm and style of J. ‡ W. G. Lafferty, brought, an action of assump-sit in tbe circuit court of Ohio county, in June, 1853, against tbe Baltimore and Ohio Railroad Company, claiming 25,000 dollars damages. The declaration contained tbe usual indebitatis assumpsit count, and an insimul computassent count. Issue was joined upon tbe plea of non assumpsit. Tbe cause was tried at the spring term 1854, and tbe jury rendered a verdict for tbe plaintiffs, assessing damages at 15,307 dollars and 60 cents, with interest from tbe 20th day of December,…
1Opinion of the Court
Brown, President.
Several points are made for the determination of the court. And 1st, "Whether an action can be maintained on the common counts in assumpsit for work and labor, care and diligence, done under the following circumstances, viz: the parties, plaintiffs and defendant, had entered into a special contract, by which the plaintiffs were to make sections 161 and 162 of defendants’ railroad, in a special manner, under the supervision and control of the defendants’ engineers, to be completed by a specified time and at a specified price; estimates thereof to be made by said engineers, and…
2Cases cited1 opinion
- United States v. RobesonSupreme Court of the United States · 1835
3Cited by15 opinions
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- Harman & Crockett v. Maddy Bros.West Virginia Supreme Court · 1905
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