Marsteller v. Warden & Hailey
Supreme Court of Virginia
Error to a judgment of tlie Law and Chancery Court of the city of Roanoke in an action of assumpsit. Judgment for the plaintiffs. Defendants assign error.
1Opinion of the CourtWhittle, J.
J. K. Warden and A. J. Hailey recovered a judgment for $2,000 against J. H. Marsteller (doing business as Mars-teller Granite Works) in an action of assumpsit on a building contract.
The trustees of St. Paul’s Episcopal Church in Lynch-burg, Virginia, made a contract with J. P. Pettyjohn for the erection of a parish house and the completion of an unfinished tower on the main building. The building was constructed of “Peak Creek” stone, taken from quarries in Pulaski county, Virginia. Pettyjohn sublet the principal part of the work to the defendant Marsteller, who, in turn, let the stone work…
2Cases cited2 opinions
- Farmers Manufacturing Co. v. WoodworthSupreme Court of Virginia · 1909
- Grove v. LemleySupreme Court of Virginia · 1912
3Cited by4 opinions
- Westgate v. Philip Richardson Co., Inc.Supreme Court of Virginia · 2005
- Shockey v. WestcottSupreme Court of Virginia · 1949
- Young v. SchrinerSupreme Court of Virginia · 1950
- Lawson v. HobbsSupreme Court of Virginia · 1917