Haxall, Bros. & Co. v. Willis
Supreme Court of Virginia
This was an action on the case in the Circuit court of Henrico county, instituted in May 1850 by Nelly C. Willis against Haxall, Brothers & Co., to recover the price of a quantity of wheat which the plaintiff alleged she had sold and delivered to the defendants. The parties agreed to dispense with a jury and submit the whole case to the court.
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This was an action on the case in the Circuit court of Henrico county, instituted in May 1850 by Nelly C. Willis against Haxall, Brothers & Co., to recover the price of a quantity of wheat which the plaintiff alleged she had sold and delivered to the defendants. The parties agreed to dispense with a jury and submit the whole case to the court. And when the cause came on to be tried, the court rendered a judgment for the plaintiff for the sum of four hundred and sixty-two dollars, with six per cent, interest thereon from the 24th of December 1849 until paid, and her costs. Whereupon the…
1Opinion of the CourtDaniel, J.
The reversal of the judgment is asked mainly upon the argument that the ascertainment of the quantity of the wheat by weighing it, as also the ascertainment of the correspondence between the bulk and the sample, were conditions precedent to the vesting of the property; and that as the wheat was accidentally destroyed by fire before the appellants had an opportunity of ascertaining its quantity and quality in *441the mode prescribed by the contract, the loss ought not to have been visited upon them, but should have been left to be borne by the appellee:.
I shall first examine how far the case is…
2Cases cited2 opinions
- Chapman v. CampbellSupreme Court of Virginia · 1856
- D¡xon v. Myers & Co.Supreme Court of Virginia · 1851
3Cited by2 opinions
- Trigg Co. v. Bucyrus Co.Supreme Court of Virginia · 1905
- Douthitt v. StateIndiana Supreme Court · 1896