BOWERS v. CAPITAL EQUIPMENT COMPANY, INC.


179 S.E.2d 458 (1971)

211 Va. 568

John R. BOWERS (Margaret Williams Bowers and Henry H. McVey, III, Executors of the Estate of John R. Bowers, Deceased, Substituted Plaintiffs in Error), v. CAPITAL EQUIPMENT COMPANY, Inc.

Supreme Court of Appeals of Virginia.

March 8, 1971.


Attorney(s) appearing for the Case

Walter R. Gambill, Richmond (Gambill & Martin, Richmond, on brief), for plaintiffs in error.

James L. Sanderlin, Richmond (McGuire, Woods & Battle, Richmond, on brief), for defendant in error.

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


PER CURIAM.

Plaintiff contends that the trial court erred in not finding as a matter of law that defendant was the principal by whom plaintiff was entitled to be reimbursed for sums paid by him as surety.

The parties waived a trial by jury and the trial court heard the evidence ore tenus. In these circumstances the ruling of the trial court in favor of the defendant is presumed to be correct and will not be set aside unless it appears from the evidence...

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