Huff v. Broyles

Citations

• 26 Va. 283
• 26 Gratt. 283

Syllabus

<p>I. A party who in an action of debt against him files a plea under the statute, Code of 1873, ch. 168, p. 1098-1100 of the breach of the warranty in the sale of an animal, and claims to be relieved to the extent of the price paid for the animal—in which he succeeds—cannot maintain another action for other damages and expenses he has incurred on account of the breach of said warranty.</p> <p>2. A party filing a plea under said statute, may claim and recover all the damages he has sustained by the breach of the warranty, which he could recover in an action for a breach of the warranty.</p> <p>3. If a party filing such a plea only claims and recovers a part of the damages he has sustained, and then brings an action to recover for other damages, a plea of the former judgment is a good plea in bar to the action.</p> <p>4. In such action defendant pleads non-assumpsit, and a special plea of the former judgment, vouching the record, to which special plea plaintiff demurs. The court sustains the demurrer, and the plaintiff not replying further to the special plea, the court may render judgment for the defendant without trying the issue upon the plea of non assumpsit.</p>