Supreme Court of Virginia, 1971

Richmond Fixture & Equipment Co. v. Wallace

Richmond Fixture & Equipment Co. v. Wallace
Supreme Court of Virginia · Decided September 1, 1971
212 Va. 123; 183 S.E.2d 175; 1971 Va. LEXIS 308

Richmond Fixture & Equipment Co. v. Wallace

Opinion of the Court

Per Curiam.

We granted defendant Richmond Fixture and Equipment Company a writ of error from a $2500 judgment in favor of plaintiff Wilbur B. Wallace for breach of warranty. The plaintiff moves us to dismiss the writ of error because the defendant has abandoned here the only issue he raised in the trial court, whether he was liable for breach of warranty. He now contests only the quantum of damages. Finding the plaintiff’s position well taken, Rule 1:8, and that we improvidently granted the writ of error, we dismiss the writ.

Writ dismissed.

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