George Campbell Co. v. George Angus & Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Powhatan, county, rendered October 21, 1892, in an action of assumpsit., wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of assumpsit on an open account.
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Error to a judgment of the Circuit Court of Powhatan, county, rendered October 21, 1892, in an action of assumpsit., wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of assumpsit on an open account. The declaration contained only the common counts; and the amended bill of particulars specified each item of debit and credit in English money, followed by the sign = and its value in current money, thus: £99 1 10 = $481.55. On the trial, the defendant, after pleading the general issue, tendered a special plea in writing, which the…
1Opinion of the Court
Riely, J.:
This is an action of assumpsit, and the declaration contains only the common counts.
In every action of asswmpsit, the plaintiff is required to file with his declaration an account stating distinctly the several items of his claim, unless it be plainly described in the declaration. Sec. 3248 of the Code. The defendant demurred to the declaration solely on the ground of alleged defects in the *441bill of particulars. He claimed that it was vague and indefinite; and also that it was inconsistent with the declaration, in that it set forth transactions in sterling money, whereas the…
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