¶1affirmed the judgment, upon the principle settled in the case of Syme v. Butler, executor of Aylett, 1 Call 105, that a man, contracting on behalf of the State, was not liable in his individual capacity.
3 Va. 233
Tutt v. Lewis's Executors
Decided October 16, 1802
Court of Appeals of Virginia · decided 1802-10-16
In assumpsit brought by Brooke and Tutt against Lewis’s executors, the jury found a special verdict, which stated that in the year 1777, the defendant’s testator contracted with the plaintiffs, as public contractors for the building of a magazine, as stated in the account annexed to the verdict, which begins thus: “Dr. Colonel Fielding Lewis, deceased, (on account of the Commonwealth of Virginia,) to Richard Brooke and James Tutt.” Then follows the items, which are charged…
Decided 1802-10-16