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J. M. TURNER & COMPANY v. DELANEY

176 S.E.2d 422 (1970)

211 Va. 168

J. M. TURNER & COMPANY, Inc. v. Ward DELANEY, Jr., Formerly Trading as Albemarle Sand and Gravel Co.

Supreme Court of Appeals of Virginia.

September 4, 1970.

Attorney(s) appearing for the Case

B. Purnell Eggleston, Roanoke (M. Caldwell Butler, David C. Hjortsberg, Eggleston, Butler & Glenn, Roanoke, on the brief), for plaintiff in error.

Charles R. Haugh, Charlottesville (Stephen H. Helvin, Gordon & Haugh, Charlottesville, on the brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN, and HARMAN, JJ.

GORDON, Justice.

Ward Delaney, formerly trading as Albemarle Sand and Gravel Co., brought an action against J. M. Turner & Company, Inc. under a contract dated July 15, 1964. Turner, denying liability and alleging that the July 15, 1964 writing was only a modification of a December 11, 1963 contract, filed a counterclaim against Delaney under the original contract.

At the conclusion of the evidence the court held as a matter of law that the July 1964 contract...

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