Latham v. Powell
Supreme Court of Virginia
Error- to a judgment of the Circuit Court of Prince William county, in an action of assumpsit. Judgment for plaintiff. Defendant assigns error.
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Error- to a judgment of the Circuit Court of Prince William county, in an action of assumpsit. Judgment for plaintiff. Defendant assigns error. This is an action of assumpsit by the vendor, the defendant in error, against the vendee, the plaintiff in error, seeking to recover a balance of purchase money for 149 cattle of the alleged weight of 157,257 lbs. at six and one-fourth cents per pound, aggregating $9,828.56, subject to a credit of $9,244.78, paid by the vendee on such account, leaving as such balance still due and unpaid the sum of $583.73.
1Opinion of the Court
SlMS, J.,
after making the foregoing statement, delivered the following opinion of the court:
The questions presented for our decision by the assignments of error will be disposed of in their order as stated below.
*397[1, 2.] 1. The trial court, by its action in refusing to admit the testimony tendered by the vendee, in giving instruction No. 1, and in the refusal of instructions A and B, as set forth in the statement preceding this opinion, applied the maxim of caveat emptor to the case, both with respect to the quality and the quantity of the subject of the sale.
The chief question presented for…
2Cases cited10 opinions
- Washington & Old Dominion Railway v. Westinghouse Electric & Manufacturing Co.Supreme Court of Virginia · 1917
- Eastern Ice Co. v. KingSupreme Court of Virginia · 1889
- Hirshhorn & Co. v. StewartSupreme Court of Iowa · 1878
- Allison v. VaughanSupreme Court of Iowa · 1875
- Charles Syer & Co. v. LesterSupreme Court of Virginia · 1914
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3Cited by7 opinions
- Insurance Company of North America, Inc. v. U.S. Gypsum Company, Inc.Court of Appeals for the Fourth Circuit · 1989
- Beale v. King, AdministratrixSupreme Court of Virginia · 1963
- Universal Motor Co. v. SnowCourt of Appeals of Virginia · 1927
- Washington Golf & Country Club, Inc. v. Briggs & Brennan Developers, Inc.Supreme Court of Virginia · 1956
- Hughes v. DiehlCourt of Appeals for the Fourth Circuit · 1949
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