Legal Opinion

Towles & Co. v. Carpenter, Wright & Co.

West Virginia Supreme Court

Decided April 23, 1907PublishedCited by 1 opinion

Error to Circuit Court, Cabell County. Action by T. Towles & Co. against Carpenter, Wright & Co. Judgment for plaintiff, and defendants bring error.

1Opinion of the Court

Bbannon, Judge:

T. Towles & Company brought assumpsit in the circuit court of Cabell county against Carpenter, Wright & Company to recover for some work of construction of a railroad, and recovered judgment on a verdict.

One complaint is that the defendant filed a plea that “there is due T. Towles & Company from it the said corporation, Carpenter, Wright & Company, the sum of $497.87, and that this amount it has heretofore tendered and now tenders to the plaintiff herein, and also the sum of $240.10 held subject to Order of Towles & Company and J. C. Carpenter; and for a further plea the…

2Cases cited3 opinions

  1. Coalmer v. BarrettWest Virginia Supreme Court · 1907
  2. Shank v. GroffWest Virginia Supreme Court · 1898
  3. Gilkeson v. SmithWest Virginia Supreme Court · 1879

3Cited by1 opinion

  1. Carroll v. FettyWest Virginia Supreme Court · 1939

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