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PROGRESSIVE CONSTRUCTION COMPANY v. THUMM

161 S.E.2d 687 (1968)

209 Va. 24

PROGRESSIVE CONSTRUCTION COMPANY, Inc. v. Linwood A. THUMM and William H. Brown, t/a Virginia Heating Distributors.

Supreme Court of Appeals of Virginia.

June 10, 1968.

Attorney(s) appearing for the Case

Robert E. Brown, H. Lee Kanter, Norfolk (Kanter & Kanter, Norfolk, on brief), for plaintiff in error.

Thomas H. Willcox, Jr., Norfolk (Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, on brief), for defendants in error.

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

BUCHANAN, Justice.

Progressive Construction Company, Inc., herein referred to as plaintiff or Progressive, filed its motion for judgment against Linwood A. Thumm and William H. Brown, trading as Virginia Heating Distributors, referred to herein as Virginia Heating or defendants,1 for $14,968.72 as damages for breach of contract. At the conclusion of the evidence the court, on defendants' motion, struck out the plaintiff's evidence and...

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