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DAY v. ABERNATHY

133 S.E.2d 299 (1963)

204 Va. 723

Sidney C. DAY, Jr., Comptroller of Virginia et al. v. R. F. ABERNATHY et al., Partners, t/a, etc.

Supreme Court of Appeals of Virginia.

December 2, 1963.

Attorney(s) appearing for the Case

Paul D. Stotts, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., M. Ray Johnston, Asst. Atty. Gen., on brief), for plaintiffs in error.

David Nelson Sutton, John Paul Causey, West Point (Linwood E. Toombs, Richmond, on brief), for defendants in error.

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

SNEAD, Justice.

R. F. Abernathy and L. S. Abernathy, partners, trading as L. S. Abernathy & Co. instituted this proceeding1 against Sidney C. Day, Jr., Comptroller of Virginia; Department of Highways, Commonwealth of Virginia, and Howard Hugh Harris, State Highway Commissioner, defendants, seeking a judgment for the balance due on a contract between the plaintiff and the Highway Department, whereby the plaintiff was to construct a...

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