Legal Opinion

Baltimore & Ohio R. R. v. Polly, Woods & Co.

Supreme Court of Virginia

Decided August 9, 1858PublishedCited by 4 opinions

This was an action of assumpsit in the Circuit court of Marshall county brought by Polly, Woods &' Co. against the Baltimore and Ohio Rail Road Company. The facts of the case and the points involved in it, are fully stated by Judge Moncure in his opinion. There was a verdict and judgment for the plaintiffs; and thereupon the company applied to this court for a supersedeas; which was allowed.

1Opinion of the CourtMoncure, J.

By articles of agreement, in writing but not under seal, entered into between the appellees Polly, Woods & Co. and the appellant, the Baltimore *450and Ohio Rail Road Company, on the 1st day of Februai7 1851, the appellees agreed, in consideration of the payments therein mentioned, to graduate and prepare ^01’ ^le laying down of the railway tracks thereon, the I72d section of said road, according to the manner and conditions set forth in the agreement. The work was 1° be completed on or before the 1st of October 1852; and for doing it certain prices were agreed to be paid for the different kinds…

2Cases cited4 opinions

  1. United States v. RobesonSupreme Court of the United States · 1835
  2. Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
  3. Kidwell v. Baltimore & Ohio RailroadSupreme Court of Virginia · 1854
  4. Baltimore & Ohio R. R. v. McCullough & Co.Supreme Court of Virginia · 1855

3Cited by4 opinions

  1. Collopy v. Newark Eye and Ear InfirmarySupreme Court of New Jersey · 1958
  2. Collopy v. Newark Eye and Ear InfirmarySupreme Court of New Jersey · 1958
  3. Greene v. Southside BuildersRichmond City Circuit Court · 1965
  4. State ex rel. Sorensen v. Farmers State BankNebraska Supreme Court · 1931

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