Central Lunatic Asylum v. Flanagan

Citations

• 80 Va. 110
• 1885 Va. LEXIS 45

Syllabus

<p>1. Practice at Common Law — Bill of particulars. — In action for damages, defendant’s motion that plaintiff be required to file bill of particulars, is then denied, but at next term it is allowed, and plaintiff files the bill, and trial proceeds, without defendants asking for time to consider of his defence, he cannot raise the objection in the appellate court.</p> <p>2. Construction of Statute — Perfected contract. — Under acts approved, 0th March, 1882 (Acts 188'-’82, pages 246-249), authorizing the directors of the Central Lunatic Asylum to contract for the erection of suitable buildings for the accommodation of the colored insane of this State, no written and signed contract was required ; and upon the acceptance by the board of the contractor’s bonds, and the spreading upon the minutes of the articles of agreement between the parties, a contract was consummated, for any breach whereof the party aggrieved was entitled to recover damages. And if the bonds taken from the contractor were of the required penalty and conditions, and with sufficient security, it was immaterial whether they were executed by the contractor or by others.</p> <p>3 Practice at Common Law — Instructions.—It was not error in the court to instruct the jury in such action that, after the board’s accepting the plaintiff’s bond and furnishing him with a written contract, and after his executing it and delivering it to the president of the board, the president’s failure to execute it could not deprive the plaintiff of any right under the contract; and that if thereafter, without any fault on plaintiff’s part, the defendant board prohibited or prevented him fiom fulfilling the contract, they shóuld find forthe plaintiff for the labor done, the money expended, the materials furnished, and the profits he would have realized in the performance of the contract, had he been permitted to fulfill it. Com'rs Sinking- Fu/id v. Kendall Bank-Note Co., 70 Va.</p> <p>4. Idem — Instructions.—When instruction