Harrison v. Gardner Investment Corp.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Norfolk in an action of assumpsit. Judgment for defendant. Plaintiff assigns error.
Read the full summary
Error to a judgment of the Circuit Court of the city of Norfolk in an action of assumpsit. Judgment for defendant. Plaintiff assigns error. This is an action of assumpsit, instituted by W. H. Harrison, the plaintiff in error (hereinafter called plaintiff), against the Gardner Investment Corporation, the defendant in error (hereinafter called defendant), the declaration containing the common counts of a declaration in assumpsit at common law, the object of the action ;being to recover the sum of $500.00, money of the plaintiff alleged to have been “had and received by the defendant to the use…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:.The questions presented for our decision by the assignments of error will be disposed of in their order as stated below.
[1] 1. Did the court err in refusing to exclude from the jury the agreement in writing between the defendant, as agent for the owner of the property, and Wagner, as agent for the plaintiff, as the latter undertook to act and as dealt with by the defendant as an actor in the matter, as shown by the uncontroverted evidence, although the last-named agency was not stated in the writing?
Th…
2Cases cited1 opinion
- Small v. Virginia Railway & Power Co.Supreme Court of Virginia · 1919
3Cited by2 opinions
- Harris v. McKaySupreme Court of Virginia · 1924
- Inter-Ocean Casualty Co. v. SmithSupreme Court of Virginia · 1936