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DICKENSON v. TABB

156 S.E.2d 795 (1967)

208 Va. 184

C. H. DICKENSON, Administrator, etc. v. John Prosser TABB, IV. Helen P. THARP v. John Prosser TABB, IV. Helen P. THARP v. Barbara A. SMITH.

Supreme Court of Appeals of Virginia.

September 8, 1967.

Attorney(s) appearing for the Case

A. L. Brault, Fairfax (William G. Plummer, Brault, Lewis & Plummer, Fairfax, on brief), for plaintiff in error, Dickenson.

J. Sloan Kuykendall, Winchester (Kuykendall & Whiting, Winchester, on brief), for plaintiff in error, Tharp.

J. Frederick Larrick, Joseph W. White, Winchester (Larrick & White, Winchester, on brief), for defendants in error.

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

SPRATLEY, Justice.

On December 15, 1962, Darryl Edward Dickenson and his young bride of two months drove from their home in Annandale, Virginia, to Kern Motor Company in Winchester, Virginia, to find out when they could expect the delivery of a new car purchased through John Prosser Tabb, IV, salesman for the motor company. After a short conference at the office of the motor company, Tabb left, purchased a "fifth" of whiskey...

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