Bailey Construction Co. v. Purcell
Supreme Court of Virginia
Appeal from .decree of circuit court of Washington county, rendered May 14th, 1890, in a chancery cause . wherein Edward Purcell, Jr., was complainant, and the Bailey Construction Company was defendant.
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Appeal from .decree of circuit court of Washington county, rendered May 14th, 1890, in a chancery cause . wherein Edward Purcell, Jr., was complainant, and the Bailey Construction Company was defendant. The defendant filed a demurrer to the bill, for want of jurisdiction in equity, and an answer and a cross-bill, denying any indebtedness on the mechanic’s lien set-up in the bill, and claiming from complainant a balance overpaid him on account of the work done by him as alleged. The decree was in favor of the complainant for the sum of $7,712.78, Aith interest thereon from December 5th, 1887,…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
*301This was a suit in equity in the circuit court of Washington county by the appellee, Purcell, against the Bailej' Construction Company, the South Atlantic & Ohio Railroad Company, and others. The construction company was the general contractor to construct the South Atlantic & Ohio Railroad Company, and employed the plaintiff to do certain work as a sub-contractor. The work was completed about the 1st ■ of December, 1887, whereupon the plaintiff duly recorded in the proper clerk’s office his mechanic’s lien for an alleged balance due him, amounting…
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