Adams v. Hays

Citations

• 86 Va. 153
• 9 S.E. 1019
• 1889 Va. LEXIS 19

Syllabus

<p>1. Verdicts—Defective certificate—Presumption.—Where all the evidence is not certified, this court will presume that there was some testimony not set out which justified the verdict, especially when it has been approved by the trial judge.</p> <p>2. Idem—•Motion for new trial—Evidence certified—Case at bar.—Plaintiff sold defend'ant’s brick at an agreed price per 1,000, “ kiln count.” Forformer it was testified that “kiln count” meant an estimated count of the brick while in the kiln. For the latter, that an actual count of the brick from the kiln was meant. Held : Under Code 1887, $ 3484, prescribing as the rule of decision, the rule as upon a demurrer to evidence, “kill count” must be construed to mean a count by estimation while the brick were in the kiln.</p>