Norfolk & Western Railway Co. v. Mundy
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Botetourt county in an action of covenant. Judgment for the plaintiff for a small portion of its claim. Plaintiff assigns error.
1Opinion of the Court
Whittle, L,
delivered the opinion of the court.
This action was brought by the Norfolk and Western Railway Company against the defendant in error, Mundy, to recover damages for a breach of covenant, involving the alleged false representation that the defendant was the owner of a certain water right in connection with a stream flowing through a race across plaintiff’s right of way, which the company rested under contractual obligation to maintain; from which obligation the defendant, in consideration of $500, undertook to release the plaintiff. ¡
In the indenture of release the defendant granted…
2Cases cited5 opinions
- New River Mineral Co. v. PainterSupreme Court of Virginia · 1902
- Washington Southern Railway Co. v. LaceySupreme Court of Virginia · 1897
- Morgan v. HaleySupreme Court of Virginia · 1907
- Building, Light & Water Co. v. FraySupreme Court of Virginia · 1899
- Norfolk & Western Railway Co. v. ObenchainSupreme Court of Virginia · 1907
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- Otey v. OakeySupreme Court of Virginia · 1931
- Fulton v. W. R. Grace & Co.Supreme Court of Virginia · 1925
- Karen Williams v. Rappahannock County Board of SupervisorsCourt of Appeals of Virginia · 2024
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