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R. G. POPE CONST. v. GUARD RAIL OF ROANOKE

Record No. 761655.

244 S.E.2d 774 (1978)

R. G. POPE CONSTRUCTION COMPANY, INC., et al. v. GUARD RAIL OF ROANOKE, INC., et al.

Supreme Court of Virginia.

June 9, 1978.

Attorney(s) appearing for the Case

James W. Elliott, Jr., Abingdon (White, Elliott, Bundy & Jones, Abingdon, on brief), for plaintiffs in error.

Henry S. Stout, Jr., Norton (Leslie M. Mullins, Mullins, Winston & Roberson, Norton, on brief), for defendants in error.

No brief for Fidelity and Deposit Company of Maryland.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

In this construction contract case, the dispute is between the general contractor on a highway project and the guardrail subcontractor. The controversy stems from the refusal of the subcontractor to perform its agreement.

In June of 1971, plaintiffs R. G. Pope Construction Company, Inc. and Pope Paving Corporation (hereinafter sometimes collectively referred to as Pope) executed a written contract with the Commonwealth of Virginia, Department...

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