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WORLEY BROTHERS CO. v. MARUS MARBLE AND TILE CO.

161 S.E.2d 796 (1968)

209 Va. 136

WORLEY BROTHERS COMPANY, Inc. v. MARUS MARBLE AND TILE COMPANY, Inc.

Supreme Court of Appeals of Virginia.

June 10, 1968.

Attorney(s) appearing for the Case

Peter W. Runkle, Richmond (Lewis S. Pendleton, Jr., Pendleton & Runkle, Richmond, on brief), for plaintiff in error.

Aubrey R. Bowles, III, Richmond (Aubrey R. Bowles, Jr., Judson T. Vaughan, Jr., Bowles & Boyd, Richmond, on brief), for defendant in error.

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

HARRISON, Justice.

Marus Marble and Tile Company, Inc. (hereinafter referred to as Marus), the plaintiff, filed a motion for judgment against Worley Brothers Company, Inc. (hereinafter referred to as Worley), the defendant, seeking to recover the sum of $14,725.75. The trial court, sitting without a jury, entered final judgment in favor of the plaintiff for the full amount of its claim and the defendant was granted this writ of error.

In 1962, Worley, as general...

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