Monday, October 27, 2014

Civil Case Attorneys Virginia Fairfax Contract Breach Damages

If you are dealing with a civil case such as breach of contract, specific performance etc. in Virginia or about to go through a civil case in Virginia, contact us for help.


We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your civil case. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Fox Cement Co. v. Milan Supply Co.

Facts:

In a civil case, the Defendant cement dealer sought a rehearing of the court's judgment that reversed the decision of the Corporation Court of Fairfax (Virginia), which sustained the cement dealer's motion to set aside the jury verdict that awarded plaintiff cement manufacturer $ 1,018.09 due from the dealer and refused to apply any of the dealer's claimed offsets for undelivered concrete, and which allowed all of the dealer's claimed offsets.

If you are facing a civil case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Virginia Court made the following holding:

  • Damages for breach of contract for future delivery of goods are unliquidated.
  • Statutory recoupment: (1) Arises out of the contract sued on (never out of a transaction dehors the contract, as in the case of set-off);(2) Amount need not be liquidated; (3) May not only repel plaintiff's claim (as in common law recoupment), but defendant may have recovery over against plaintiff for the excess -- this is one of the chief purposes and advantages of the statutory proceeding; (4) Must be specially pleaded, Va. Code § 3299, and cannot be availed of under the general issue; (5) May be used though plaintiff's action is on a sealed instrument -- this is another advantage of the statutory recoupment over recoupment at common law; (6) May be based on equitable (as distinguished from legal ) grounds.

If you are dealing with a civil case in Virginia or about to go through a civil case in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your civil case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.


Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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