Cunningham v. Smith
Supreme Court of Virginia
This was an action of debt on a bond for four hundred and four dollars, instituted by Smith and Sinclair against H. B. Cunningham, in the Circuit court of Ritchie county. The defendant filed a special plea in the nature of a setoff, for two hundred dollars, to which the plaintiff demurred.
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This was an action of debt on a bond for four hundred and four dollars, instituted by Smith and Sinclair against H. B. Cunningham, in the Circuit court of Ritchie county. The defendant filed a special plea in the nature of a setoff, for two hundred dollars, to which the plaintiff demurred. He also tendered another special plea in the nature of setoff', which was objected to by the plaintiff and rejected by the court: To which opinion of the court rejecting the plea the defendant excepted. Both of these are set out in their substance in the opinion of Judge Daniel. On the hearing of the cause…
1Opinion of the CourtDaniel, J.
The plea rejected by the court was, I think, defective. It does not aver a warranty of the quality of the goods for the price of which the single bill in the declaration mentioned is alleged to have been given; nor does it aver that the defendants in error knew that the representations alleged to have been made by them with respect to the soundness and marketable quality of said goods were untrue, or that they used any fraud or art to disguise or conceal their true condition or quality. The plea is, I think, liable also to a further objection. After setting out that the defendants in error…
2Cited by6 opinions
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