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1 Va. 190

Tomlin v. Kelly

Court of Appeals of Virginia

Decided April 15, 1793

Court of Appeals of Virginia · decided 1793-04-15

This was an action upon the case, for goods sold and delivered, brought by the plaintiffs in the General Court, «from whence it was sent to the District Court of Northumberland.

Decided 1793-04-15

The PRESIDENT

¶1delivered'the opinion of the court.

¶2In discussing the case of Beale and Ed-mundson, it was agreed by the unanimous opinion of a full court, that the act of 1779, applied only to the store accounts of retail dealers; and we should feel ourselves bound by that opinion, unless it were over-ruled by as full a court, even if our sentiments at this time, respecting the principle then established were different from what they then were. But the present court retain the same opinion upon the subject; and must therefore pronounce the law to be in favour of the plaintiffs, upon the special conclusion of the verdict.

¶3Judgment reversed, and to be entered for the plaintiff.

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