Day v. Abernathy

R. F. Abernathy and L. S. Abernathy, partners, trading as L. S. Abernathy & Co. instituted this proceeding1 against Sidney C. Day, Jr., Comptroller of Virginia; Department of Highways, Commonwealth of Virginia, and Howard Hugh Harris, State Highway Commissioner, defendants, seeking a judgment for the balance due on a contract between the plaintiff and the Highway Department, whereby the plaintiff was to construct a bridge and approaches to it for the Highway Department.

The partnership will be referred to as plaintiff.

The plaintiff’s claim was based on the theory that materials were purchased…