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KASCO MILLS, INCORPORATED v. FEREBEE

90 S.E.2d 866 (1956)

197 Va. 589

KASCO MILLS, INCORPORATED, v. James C. FEREBEE and Fluvanna Ferebee.

Supreme Court of Appeals of Virginia.

January 16, 1956.

Attorney(s) appearing for the Case

William King Mapp, Keller, William E. Fears, Accomac, for plaintiff in error.

Quinton G. Nottingham, George Willis, III, Eastville, for defendants in error.

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

SPRATLEY, Justice.

Kasco Mills, Inc., plaintiff in the court below, filed its notice of motion for judgment against James C. Ferebee and Fluvanna Ferebee for the sum of $8,332.53, alleged to be due for poultry feed, sold and delivered to defendants pursuant to a written contract. The notice alleged that defendants had tendered plaintiff a check in the sum of $6,757.53, which had not been cashed or accepted, in full payment of "plaintiff's liquidated claim;" but had...

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