Legal Opinion

Roanoke Land & Improvement Co. v. Karn & Hickson

Supreme Court of Virginia

Decided June 25, 1885PublishedCited by 27 opinions

Error to two judgments of circuit court of Roanoke county, rendered 9tli October, 1884, the first in the action of assumpsit brought by Earns & Hickson against the Roanoke Land and Improvement Company, and tlie second in tlie action of as-sumpsit brought by Snead & Winston against the same company, for materials furnished by the plaintiffs respectively, as sub-contractors, to Julius C. Holmes & Co., as general contractors, to be used by them in constructing a certain…

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Error to two judgments of circuit court of Roanoke county, rendered 9tli October, 1884, the first in the action of assumpsit brought by Earns & Hickson against the Roanoke Land and Improvement Company, and tlie second in tlie action of as-sumpsit brought by Snead & Winston against the same company, for materials furnished by the plaintiffs respectively, as sub-contractors, to Julius C. Holmes & Co., as general contractors, to be used by them in constructing a certain building owned by the said company. The judgments were for the plaintiffs respectively, and to these judgments the said company…

1Opinion of the CourtLaoy, J.

The defendants in error instituted their action of assumpsit in the circuit court of Roanoke county, in September, 1883, against the plaintiff in error. The action was in each case for a certain sum claimed to be due them, on account of certain materials furnished by them to a certain firm of contractors, to-wit, Julius C. Holmes & Co., to be used by them in the construction of a certain building of which the plaintiff in error was the owner.

Both parties having waived a jury, the issue, both as to matters of fact and as to matters of law, was decidetl by the judge in each case, who rendered…

2Cases cited3 opinions

  1. Cunningham v. MitchellCourt of Appeals of Virginia · 1826
  2. Boyles' Adm'r v. OverbySupreme Court of Virginia · 1854
  3. Preston v. Auditor of Public AccountsCourt of Appeals of Virginia · 1798

3Cited by27 opinions

  1. Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
  2. Fry v. LeslieSupreme Court of Virginia · 1891
  3. Chesapeake & Ohio Railway Co. v. Sparrow's Admr.Supreme Court of Virginia · 1900
  4. Long v. CampbellWest Virginia Supreme Court · 1893
  5. Clark v. CommonwealthSupreme Court of Virginia · 1893

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