Welch Al. v. McDonald
Supreme Court of Virginia
Argued at Wytheville, decided at Richmond. Error to judgment of hustings court of Roanoke city, rendered June 25th, 1887, in an action of trespass on the case for the alleged breach of a contract, wherein H. P. McDonald, Kenneth McDonald and Donald McDonald, partners in the style of McDonald Brothers, were plaintiffs, and William Welch and B. B. Dull were defendants. There was a demurrer to the declaration and to each count thereof, which was overruled.
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Argued at Wytheville, decided at Richmond. Error to judgment of hustings court of Roanoke city, rendered June 25th, 1887, in an action of trespass on the case for the alleged breach of a contract, wherein H. P. McDonald, Kenneth McDonald and Donald McDonald, partners in the style of McDonald Brothers, were plaintiffs, and William Welch and B. B. Dull were defendants. There was a demurrer to the declaration and to each count thereof, which was overruled. The verdict was for the * plaintiff for $1,907.38, and the defendants moved the court to set it aside and to award them a new trial, which…
1Opinion of the CourtFauntleroy, J.
From the record it appears that the defendants in error, McDonald Brothers, were Contractors and builders by calling, making a specialty of building jails in various States; and in December, 1885, they contracted with the city of Boanoke, in Virginia, to build a jail and jailor’s house, to be completed by the first of October, 1886, in accordance with plans and specifications. On the 21st of April, 1886, McDonald Brothers made a sub-contract with William Welch and B. B. Dull to furnish all the stone necessary to build the walls of the Boanoke jail, in accordance with the plans and…
2Cited by14 opinions
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- Stony Creek Lumber Co. v. Fields & Co.Supreme Court of Virginia · 1903
- Fidelity & Casualty Co. v. Copenhaver Contracting Co.Supreme Court of Virginia · 1932
- Wheeling Mold & Foundry Co. v. Wheeling Steel & Iron Co.West Virginia Supreme Court · 1905
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