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MAIN v. DEPARTMENT OF HIGHWAYS

142 S.E.2d 524 (1965)

206 Va. 143

Robert T. MAIN, Jr., and Kathryn M. Main, Partners, trading as Robert T. Main Company, v. DEPARTMENT OF HIGHWAYS and Sidney C. Day, Jr., Comptroller of Virginia.

Supreme Court of Appeals of Virginia.

June 14, 1965.

Attorney(s) appearing for the Case

William R. Cogar, James C. Roberts, Richmond (Collins Denny, III, Denny, Valentine & Davenport, Tucker, Mays, Moore & Reed, Richmond, on the brief), for plaintiffs in error.

Frederick T. Gray, Richmond (Robert Y. Button, Atty. Gen.; M. Ray Johnston, Asst. Atty. Gen., Paul D. Stotts, Asst. Atty. Gen., Williams, Mullen & Christian, Richmond, on the brief), for defendants in error.

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

EGGLESTON, Chief Justice.

On this appeal we are to determine whether the lower court erred in sustaining demurrers to and dismissing the original and amended petitions which Robert T. Main, Jr., and Kathryn M. Main, partners trading as Robert T. Main Company, hereinafter called the plaintiffs, filed in the lower court against the Department of Highways and the State Comptroller to recover the amounts alleged to be due by virtue of a contract which the plaintiffs entered...

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