ENLOW & SON, INCORPORATED v. HIGGERSON


113 S.E.2d 855 (1960)

201 Va. 780

ENLOW & SON, INCORPORATED, Lewis K. Kesser and R. A. Emanuelson v. L. Harold HIGGERSON and Ivan Higgerson, Partners Trading as Hlggerson Brothers.

Supreme Court of Appeals of Virginia.

Rehearing Denied June 14, 1960.


Attorney(s) appearing for the Case

Louis B. Fine, Jerrold G. Weinberg, Gordon E. Campbell, Norfolk (Fine, Fine, Legum, Weinberg & Schwan, Norfolk, on the brief), for appellants.

Richard B. Kellam, Norfolk, James N. Garrett, Portsmouth (Kellam & Kellam, Norfolk, on the brief), for appellees.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.


EGGLESTON, Chief Justice.

L. Harold Higgerson and Ivan Higgerson, partners trading as Higgerson Brothers and sometimes hereinafter referred to as the plaintiffs, filed a motion for judgment against Enlow & Son, Incorporated, Lewis K. Kesser and R. A. Emanuelson, sometimes hereinafter referred to as the defendants, to recover damages for the breach of a written contract dated July 1, 1955, whereby it was alleged that Enlow, as principal, and Kesser and Emanuelson...

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