Mills & Fairfax v. Norfolk & Western R. R.
Supreme Court of Virginia
Error to judgment of circuit court of city of Roanoke, rendered September 3d, 1892, in an action of covenant, wherein George T. Mills and Henry Fairfax, late partners, doing business as Mills & Fairfax, were plaintiffs, and the Norfolk & Western Eailroad Company was defendant. The company demurred to the declaration, the demurrer being not to its form, but to its substance and going to the merits of the case.
Read the full summary
Error to judgment of circuit court of city of Roanoke, rendered September 3d, 1892, in an action of covenant, wherein George T. Mills and Henry Fairfax, late partners, doing business as Mills & Fairfax, were plaintiffs, and the Norfolk & Western Eailroad Company was defendant. The company demurred to the declaration, the demurrer being not to its form, but to its substance and going to the merits of the case. The circuit court sustained the demurrer, and the plaintiffs brought the case here on a writ of error. Opinion states the case.
1Opinion of the Court
FaüNTLERoy, J.,
delivered the opinion of the court.
This suit grows out of a contract, under seal, between the said Mills & Fairfax, plaintiffs, and the Norfolk & Western Eailroad Company, defendants, dated the'1st day of February, 1887, whereby the plaintiffs agreed with the defendant to build a certain specified portion of the Elkhorn branch of the Flat Top extension of the said defendant’s line of railroad, including the tunnel through the"Flat Top mountain on the “ No. 3 ” coal bed.
The said, contract is very voluminous, but the whole controversy depends upon. the.price-to be paid for the…
2Cited by11 opinions
- Norfolk & Western Railroad v. Mills & FairfaxSupreme Court of Virginia · 1895
- Sims v. Carpenter, Frazier & Co.West Virginia Supreme Court · 1910
- City of Richmond v. BarrySupreme Court of Virginia · 1909
- Smokeless Fuel Co. v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1925
- Bassett's Adm'r v. Cunningham's Adm'rSupreme Court of Virginia · 1853
6 more not listed; retrieve them via the Exa API.