Winn Bros. & Baker, Inc. v. Lipscomb
Supreme Court of Virginia
Error to a judgment of the Circuit Court of city of Norfolk, in an action of assumpsit. Judgment for plaintiff. Defendant assigns error. This is an action of assumpsit in which the defendant in error was plaintiff and the plaintiff in error was defendant in the court below. They will be hereinafter referred to in accordance with those positions.
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Error to a judgment of the Circuit Court of city of Norfolk, in an action of assumpsit. Judgment for plaintiff. Defendant assigns error. This is an action of assumpsit in which the defendant in error was plaintiff and the plaintiff in error was defendant in the court below. They will be hereinafter referred to in accordance with those positions. The plaintiff seeks to recover an alleged balance due him by defendant for the cost ($2,630.30) of certain apples bought for and shipped to the defendant, plus plaintiff’s ■charge of $85 commissions, less $2,300 paid by the defen- . dant on the…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
There are three assignments of error which will be considered and disposed of in their order as stated below.
1. That the trial court erred in giving instruction (2), copied above, in that it instructed the jury, in substance, to find for the plaintiff, without consideration of the theory *559of the defendant that the plaintiff was in default in the discharge of his duty to exercise proper care to see that the apples when bought and shipped were in proper condition and properly graded and packed, which…
2Cases cited3 opinions
- Cox v. HaganSupreme Court of Virginia · 1919
- State v. FriedleyWest Virginia Supreme Court · 1914
- Norton ex rel. Norton v. East St. Louis Railway Co.Missouri Court of Appeals · 1918
3Cited by3 opinions
- Williams v. CommonwealthSupreme Court of Virginia · 1930
- Fields v. CommonwealthSupreme Court of Virginia · 1921
- Mitchell v. Nehi Royal Crown, etc., Co.Richmond City Circuit Court · 1964