Legal Opinion

Howell v. Harvey

West Virginia Supreme Court

Decided March 16, 1909PublishedCited by 19 opinions

Error to Circuit Court, Cabell County. Assumpsit by A. C. Howell against H. C. Harvey, executor. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Williams, Judge:

W. W. Peyton contracted with H. 0. Harvey in May, 1899, to build a house for him on the corner of 3rd Avenue, and 10th Street, in the City of Huntington, West Virginia.

Peyton sublet a part of the work to A. C. Howell who proceeded with his part of the work until June 22, 1899, when his men quit work, because Peyton had not paid him. Peyton failed. Harvey was away from home when the men ceased, work. Howell says that on Harvey’s return to Huntington he asked Howell why the work was not going on, and he replied that Pey-ton had not paid him, and he could not pay his men, and…

2Cases cited22 opinions

  1. Mallory v. . GillettNew York Court of Appeals · 1860
  2. White v. . RintoulNew York Court of Appeals · 1888
  3. Corn v. SimsCourt of Appeals of Kentucky · 1860
  4. Barrett v. McAllisterWest Virginia Supreme Court · 1890
  5. McLaughlin v. AustinMichigan Supreme Court · 1895

17 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Moore, Keppel & Co. v. WardWest Virginia Supreme Court · 1912
  2. Hurst Hardware Co. v. GoodmanWest Virginia Supreme Court · 1910
  3. Davies v. CareyWashington Supreme Court · 1913
  4. Mankin v. JonesWest Virginia Supreme Court · 1910
  5. Brock & Davis Co., Inc. v. Charleston Nat. BankDistrict Court, S.D. West Virginia · 1977

14 more not listed; retrieve them via the Exa API.

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