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NORFOLK SOUTHERN BUS CORP. v. VIRGINIA DARE TRANSP. CO.

No. 5527.

159 F.2d 306 (1947)

NORFOLK SOUTHERN BUS CORPORATION v. VIRGINIA DARE TRANSP. CO., Inc.

Circuit Court of Appeals, Fourth Circuit.

January 7, 1947.

Attorney(s) appearing for the Case

James G. Martin, of Norfolk, Va., and J. Kenyon Wilson, of Elizabeth City, N. C. (S. Burnell Bragg and Arthur J. Winder, both of Norfolk, Va., on the brief), for appellant.

W. R. Ashburn, of Norfolk, Va., and J. C. B. Ehringhaus, of Raleigh, N. C. (Ehringhaus & Ehringhaus, of Raleigh, N. C., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

SOPER, Circuit Judge.

Two bus companies entered into a contract which gave rise to a claim and a counterclaim that form the subjects of this appeal. The validity of the contract is the prime feature of the controversy since the plaintiff corporation contends that the contract is invalid and brings suit for services rendered on the basis of a quantum meruit, while the defendant asserts the validity of the contract and files a counterclaim for its breach.

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