MUNDY MOTOR LINES v. E.I. DU PONT DE NEMOURS & CO.


103 S.E.2d 245 (1958)

199 Va. 933

MUNDY MOTOR LINES v. E. I. DU PONT DE NEMOURS AND COMPANY.

Supreme Court of Appeals of Virginia.

April 28, 1958.


Attorney(s) appearing for the Case

Leonard G. Muse, Roanoke (Woods, Rogers, Muse & Walker, Roanoke, on brief), for appellant.

Aubrey R. Bowles, Jr., Richmond (Jack N. Herod, Henry E. Ketner, Bowles, Anderson, Boyd, Clarke & Herod, Richmond, Carl E. Geuther, Wilmington, Del., on brief), for appellee.

E. Ballard Baker, Wicker, Baker & Goddin, Richmond, amicus curiae, for General Motor Lines, Inc., and Intrastate Common Carriers Division of Va. Highway Users Ass'n.

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


MILLER, Justice.

This is a suit for a declaratory judgment instituted by E. I. du Pont de Nemours and Company against Mundy Motor Lines. Its object is to have the court determine and declare whether or not a contract entered into between the litigants is valid. Both concede that if § 46-2, Code 1950, is valid, then it renders the contract unenforceable and thus that section is challenged and its validity is tested...

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