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MILLER v. TOMLINSON

73 S.E.2d 378 (1952)

194 Va. 367

MILLER et al. v. TOMLINSON et al. CRABTREE et al. v. TOMLINSON et al.

Supreme Court of Appeals of Virginia.

December 1, 1952.

Attorney(s) appearing for the Case

Campbell & Campbell, Wytheville, for plaintiffs in error.

No appearance for defendants in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH, and WHITTLE, JJ.

WHITTLE, Justice.

Curtis O. Crabtree filed a notice of motion for judgment against Fred Tomlinson, Harry Foglesong and Ernest Bivens, partners trading as Bland Motor Sales, to recover the value of a truck owned by Crabtree which was destroyed in a fire that consumed the garage of the defendants.

The truck had been delivered to the garage for repair in the usual course of business.

The notice of motion contained three counts. The first, after setting...

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