Johnson v. Hoffman
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Madison county, in a proceeding by motion for a judgment for damages. Judgment for plaintiff. Defendant assigns error.
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Error to a judgment of the Circuit Court of Madison county, in a proceeding by motion for a judgment for damages. Judgment for plaintiff. Defendant assigns error. This is an action by notice of motion instituted by the defendant in error (who will be hereinafter called plaintiff), against the plaintiff in error and one James H. Fletcher, seeking to recover of these two damages for the alleged breach by them of a contract of purchase of cattle from the plaintiff, such contract being alleged to have been entered into by the two last-mentioned parties, jointly and severally. The two defendants…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
In our view the decision of a single question of fact presented by one of the assignments of error is decisive of the case. That question is as follows:
1. Is the verdict contrary to the evidence in its finding in effect that the plaintiff complied with the contract in the matter of the weight of the cattle?
This question must be answered in the affirmative.
From all of the testimony in the case the jury were warranted in finding (and, hence, after the verdict aforesaid, we must so find) that the contract…
2Cited by10 opinions
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- Jones v. KesslerWest Virginia Supreme Court · 1925
- Virginia Transformer Corp. v. P.D. George Co.District Court, W.D. Virginia · 1996
- Milner Hotels, Inc. v. Norfolk & Western Railway Co.District Court, S.D. West Virginia · 1993
- Watzman v. UnatinWest Virginia Supreme Court · 1926
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