Detroit Fidelity & Surety Co. v. Foster

The opinion of the Court was delivered by

Mr. Justice Carter.

As a statement of this case the Court adopts the following agreed statement of counsel appearing in the transcript of record:

“This is an appeal from an order of Honorable T. S. Sease, resident Circuit Judge, vacating, under provisions of Section 495, Code 1932, a judgment in the amount of $10,-000.00, rendered in favor of the plaintiff, Charlie Cannon, against the defendants R.'G. and A. G. Foster, partners under the name of Virginia General Contracting Company, and Detroit Fidelity & Surety Company.

“The action was originally…