Legal Opinion

Duke v. Norfolk & Western Railway Co.

Supreme Court of Virginia

Decided November 22, 1906PublishedCited by 13 opinions

Error to a judgment of the Circuit Court of "Warren county in a proceeding by motion for a judgment. Judgment for plaintiffs for less than amount of their claim, and they assign ■error.

1Opinion of the Court

Keith, P.,

delivered the opinion of the Court.

Plaintiffs in error, Duke and Kudacille, who were partners ■engaged in the business of making and furnishing cross-ties to the railway company, gave notice of motion for judgment against the Norfolk and Western Kailway Company in the Circuit •Court of Warren county upon a contract contained in a letter to them, written by E. T. Burnet, the purchasing agent of the railway company, set out in their notice, as follows:

“Roanoke, Va., April 11, 1903.

•“Mr. W. A. Duke, Mr. W. E. Kudacille,

Front Royal, Va.:

“Gentlemen,—Referring to the visit of Mr. W. A.…

2Cases cited3 opinions

  1. Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
  2. Chapman v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1898
  3. Cameron v. WhiteWisconsin Supreme Court · 1889

3Cited by13 opinions

  1. Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
  2. Appalachian Power Co. v. John Stewart Walker, Inc.Supreme Court of Virginia · 1974
  3. Grossmann v. SaundersSupreme Court of Virginia · 1989
  4. Young v. Camp Manufacturing Co.Supreme Court of Virginia · 1910
  5. Norfolk & Western Railway Co. v. DukeSupreme Court of Virginia · 1908

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