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GUNNELL v. NELLO L. TEER COMPANY

135 S.E.2d 104 (1964)

205 Va. 28

Bruce C. GUNNELL et al. v. NELLO L. TEER COMPANY.

Supreme Court of Appeals of Virginia.

March 9, 1964.

Attorney(s) appearing for the Case

Edward D. Gasson, Fairfax (F. Mather Archer, Fairfax, Jesse, Phillips, Kendrick & Gearheart, Arlington, on brief), for plaintiffs in error.

William A. Moncure, Alexandria (Clarke, Richard, Moncure & Whitehead, Alexandria, on brief), for defendant in error.

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

SPRATLEY, Justice.

On March 20, 1960, John Thomas Gould, a civil engineer, employed by and representing Nello L. Teer Company, sometimes hereinafter referred to as the defendant or Teer, sought out Bruce C. Gunnell with reference to the purchase "of fill dirt" or "common borrow" to be used by Teer in the construction of a circumferential highway, also known as Route 413, a project of the State Highway Commission of Virginia. Gunnell owned several tracts of land containing...

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