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HUGHES v. FOLEY

128 S.E.2d 261 (1962)

203 Va. 904

Grey C. HUGHES v. Randall J. FOLEY.

Supreme Court of Appeals of Virginia.

December 3, 1962.

Attorney(s) appearing for the Case

Gorin F. Hatchett, Hampton (Hatchett & Ford, Hampton, on brief), for plaintiff in error.

No brief or argument for defendant in error.

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

EGGLESTON, Chief Justice.

Randall J. Foley, hereinafter referred to as the plaintiff, filed in the civil justice court for the city of Hampton his notice of motion against Grey C. Hughes, hereinafter referred to as the defendant, to recover the sum of $450 due "by contract." The defendant filed a plea of the statute of limitations, alleging that the plaintiff's claim "arose in the year 1951, was discovered immediately by him, or by the exercise of due diligence should...

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