Southern Railway Co. v. Wilcox & DeJarnette
Supreme Court of Virginia
Error to a judgment of the Court of Law and Chancery of the city of Norfolk, rendered June 28,1900, in an action of assumpsit, wherein the defendants in error were the plaintiffs, and the plaintiff in error was the defendant. Judgment was rendered for the plaintiffs for $1,747.87, the amount claimed by them.
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Error to a judgment of the Court of Law and Chancery of the city of Norfolk, rendered June 28,1900, in an action of assumpsit, wherein the defendants in error were the plaintiffs, and the plaintiff in error was the defendant. Judgment was rendered for the plaintiffs for $1,747.87, the amount claimed by them. This ease was formerly before this court on the ruling of the trial court on the demurrer to the declaration. 98 Va. 222. This is an action of assumpsit to recover damages for the breach of an alleged contract to carry freight at a stipulated rate. The plaintiffs claimed that the…
1Opinion of the CourtBuchanan, J.
Wilcox and DeJarnette, the defendants in error, brought an action of assumpsit to recover from the Southern Railway Company, the plaintiff in error, the difference between an alleged *402agreed rate of freight and that actually charged and collected by the railway company for the transportation of certain.phosphate rock from Mount Pleasant, in the State of Tennessee, to Raleigh, in the State of ETnrth Carolina. The case has been twice tried. The judgment entered upon the first trial was reversed by this court upon a former writ of error, upon the ground that the declaration did not aver any…
2Cases cited7 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Camp v. BruceSupreme Court of Virginia · 1898
- Hancock v. Louisville & Nashville RailroadSupreme Court of the United States · 1892
- Va. Fire & Marine Ins. v. Buck & NewsonSupreme Court of Virginia · 1891
- Jones v. MorrisSupreme Court of Virginia · 1899
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3Cited by15 opinions
- Merriman v. Cover, Drayton LeonardSupreme Court of Virginia · 1905
- Moore Lumber Corp. v. WalkerSupreme Court of Virginia · 1910
- Burton v. F. A. Seifert & Co.Supreme Court of Virginia · 1908
- Piland Corp. v. REA Construction Co.District Court, E.D. Virginia · 1987
- Three Star Food Products Corp. v. OfsaWest Virginia Supreme Court · 1923
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