Carroll County v. Collier
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of Carroll county, brought in October 1866, by Shadrack Collier against Carroll county, to recover the amount contracted to be paid to him for building a jail for the county. The declaration contained five counts, the first three the common counts in assumpsit.
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This was an action of assumpsit in the Circuit court of Carroll county, brought in October 1866, by Shadrack Collier against Carroll county, to recover the amount contracted to be paid to him for building a jail for the county. The declaration contained five counts, the first three the common counts in assumpsit. The fourth count sets out that heretofore, to wit: on the-day of-in consideration that the plaintiff', at the special request of the defendant, would build for the defendant a jail, according to specifications then and there furnished and shown to the plaintiff' by the defendant,…
1Opinion of the CourtStaples, J.
This is an action-of assumpsit against the county of Carroll. It was instituted to recover the amount claimed to be due the plaintiff upon a contract for the erection of a jail. The defendant demurred to the declaration and to each count; but his demurrer was overruled. The question, therefore, first to be considered, is the sufficiency of the declaration. It is insisted the plaintiff should not only aver he had built a jail, but he ought to show how he had built it, the nature, qualities and dimensions of the building erected, that the court might determine whether it constituted such a jail…
2Cases cited1 opinion
- Iaege v. BossieuxSupreme Court of Virginia · 1859
3Cited by10 opinions
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- Taylor v. TaylorSupreme Court of Virginia · 1905
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