American Manganese Co. v. Virginia Manganese Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Albemarle county, rendered on the 19th day of October, 1893, in an action of assmwpsit wherein the defendant in error was the plaintiff, and the plaintiff in'error was the defendant.
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Error to a judgment of the Circuit Court of Albemarle county, rendered on the 19th day of October, 1893, in an action of assmwpsit wherein the defendant in error was the plaintiff, and the plaintiff in'error was the defendant. On the 29th day of April, 1882, the Virginia Manganese Company enteied into a conta act under seal with James B. White, Myron C. Davis and S. M. Donald, by which the company leased and demised to the above-named persons a certain manganese mine and certain quarries, beds, and a tract of land, “to bold and exercise the said mine, quarries, beds and seams of manganese ore…
1Opinion of the Court
Buchanan, J. :
The first assignment of error in this case is to the action of the Circuit Court in overruling the demurrer of the plaintiff in error, which was the plaintiff in the court below, to special plea No. 2, filed by the defendant.
The demurrer raises the question whether under our statute *280(section 3299 of the Code), allowing special pleas of set-off to be filed, a defendant cau set np a claim for unliquidated damages founded upon a contract other than the contract sued on by the plaintiff. The claim of the defendant that the contract sued on and the contract set np in its plea, for…
2Cases cited7 opinions
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- State v. McGarryWisconsin Supreme Court · 1867
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- People v. New York & Manhattan Beach Railway Co.New York Court of Appeals · 1881
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3Cited by20 opinions
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- Gates & Son Co. v. City of RichmondSupreme Court of Virginia · 1905
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