Rinehart v. Pirkey
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Alleghany County, in a proceeding by motion for a judgment for money. Judgment for defendants. Plaintiff assigns error.
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Error to a judgment of the Circuit Court of Alleghany County, in a proceeding by motion for a judgment for money. Judgment for defendants. Plaintiff assigns error. There was the following amended notice of motion by the plaintiff in error (hereinafter designated plaintiff), in the first above entitled case (certain parts of the notice not material upon the issue before us being omitted) : “To Mr. J. R. Pirkey: “You will please take notice that * * * I will move the circuit court * * * for a judgment against you for the sum of Twenty-Seven Hundred Dollars ($2,700.00), with legal interest…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
*351[1, 2] As said in Clark on Contracts (1894 ed.), sec. 314, p. 757, “The acts of the parties may bring about an- obligation quasi ex contractu * * * Where one person confers benefits úpon another for which the latter ought to pay, * * * the obligation rests, as said by Professor Keener, ‘upon the doctrine that a man shall not be allowed to enrich himself unjustly at the expense of another.’ ” This learned work then proceeds in its text to quote from the opinion of this court delivered by Judge Lee in…
2Cases cited4 opinions
- Union Central Life Ins. v. PollardSupreme Court of Virginia · 1896
- George Campbell Co. v. George Angus & Co.Supreme Court of Virginia · 1895
- Security Loan & Trust Co. v. FieldsSupreme Court of Virginia · 1910
- Kelsey v. PunderfordSupreme Court of Connecticut · 1903
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