New Idea Spreader Co. v. R. M. Rogers & Sons
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Augusta •county, in a proceeding by motion for a judgment for money. Judgment for defendant's. Plaintiffs assign error.
1Opinion of the CourtSims, J.
The following questions raised by the assignments of error in the case will be considered and passed upon in their order as stated below.
1. Did special plea No. 4 put the set-off claimed by defendants in issue under section 3298 of Code of Va. (the statute of set-off in Virginia), or under section 3299 of the Code of Va. (the statute of recoupment in Virginia) ?
This plea states, with respect to the set-off claimed, that “the said defendants are willing and hereby offer, in pursuance of the statute in such case made and provided, to set-off and allow the same against the said sum of money…
2Cases cited3 opinions
- Tidewater Quarry Co. v. ScottSupreme Court of Virginia · 1906
- United Cigarette Machine Co. v. BrownSupreme Court of Virginia · 1916
- Richardson Construction Co. v. Whiting Lumber Co.Supreme Court of Virginia · 1914
3Cited by4 opinions
- Sargent v. Drew-English, Inc.Washington Supreme Court · 1942
- Odessky v. Monterey Wine Co.Supreme Court of Virginia · 1948
- Joseph H. Baker & Co. v. HartmanSupreme Court of Virginia · 1924
- Dexter-Portland Cement Co. v. Acme Supply Co.Court of Appeals of Virginia · 1926