Berry v. Huntington Masonic Temple Ass'n
West Virginia Supreme Court
Error to Circuit Court, Cabell County. Assumpsit by J. E. Berry, doing business, etc., against tbe Huntington Masonic. Temple Association. Judgment fob plaintiff, and defendant brings error.
1Opinion of the Court
JUDGE:
This writ of error challenges a $25,000.00 judgment rendered in an action in assumpsit and founded upon the theory of a breach of a building contract, by the owner. It represents the jury’s estimate of the value of work- done and materials furnished by the contractor and gain or profit lost or prevented by the alleged wrongful conduct of the owner.
Sufficiency 'of the pleadings to develop and define the dominant issue in the case, the character of the breach of the contract for the erection of a seven story reinforced concrete building, known as the Huntington Masonic Temple, seems to be…
2Cases cited30 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Sweeney v. United StatesSupreme Court of the United States · 1884
- Ripley v. United StatesSupreme Court of the United States · 1912
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
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3Cited by11 opinions
- Franklin v. PenceWest Virginia Supreme Court · 1945
- Morgan v. Town of BurlingtonMassachusetts Supreme Judicial Court · 1944
- Weems v. Albert Pick & Co.Court of Appeals of Georgia · 1925
- City of Richmond v. A. H. Ewing's Sons, Inc.Supreme Court of Virginia · 1960
- City of Wheeling v. John F. Casey Co.Court of Appeals for the Fourth Circuit · 1935
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