Whitaker-Glessner Co. v. Suburban Brick Co.
West Virginia Supreme Court
Error to Circuit Court, Ohio County. Action by the Whitaker-Glessner Company against the Suburban Brick Company. Judgment for plaintiff, motion for new trial denied, and defendant brings error.
1Opinion of the Court
Miller, Judge :
The errors assigned and relied on by defendant below,' plaintiff in error, involve the correctness of the rulings of the court on the evidence, the instructions' kv the jury given and refused, and the motion of the defendant to set aside the verdict and award it' a new trial.
The declaration contains a special count and the common counts in assumpsit, and the cause of action pleaded and relied on in general terms was for damages for'the alleged breach by defendant of its contract to manufacture and deliver to plaintiff 275,000 paving blocks. The trial resulted in a verdict and…
2Cases cited8 opinions
- Buena Vista Co. v. BillmyerWest Virginia Supreme Court · 1900
- Morlang v. City of ParkersburgWest Virginia Supreme Court · 1919
- Raleigh Lumber Co. v. Wilson & SonWest Virginia Supreme Court · 1911
- Martin v. Monongahela RailroadWest Virginia Supreme Court · 1900
- Home Gas Co. v. Mannington Co-Operative Window Glass Co.West Virginia Supreme Court · 1907
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3Cited by3 opinions
- Wright v. Standard Ultramarine and Color Co.West Virginia Supreme Court · 1955
- Max Biederman, Inc. v. HendersonWest Virginia Supreme Court · 1934
- Redden v. Glade Creek Coal & Lumber Co.West Virginia Supreme Court · 1928