The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-06-14
Hide & Leather Co. VS.. Charley & CO

In the case OF the American Hide and
Leather Company VS.. Chalkley Co..
Judge Whittle delivers the opinion of the
court sustaining the Judgment OF the
Circuit Court of the city OF Richmond.
Chalkley & Co. instituted two actions OF
assumpsit In the Circuit Court of Rich
city against the American Hide and
Leather Company to recover sl.349.13 the
difference between the contract price for
lot OF hides sold by defendant in error
to plaintiff in error, which the latter de-
clinad 10 receive. and the sum realized
therefrom ON subsequent sale. In the
other case to recover 5000. of which
sl.737.s5, the difference between the con-
tract price for another lot of hides re-
jected by plaintiff In error, and the
price realized therefor at subsequent sale.
and s262.14, being expenses paid in hand
Ing the hides and for freight.
These actions were tried together and
verdict for the plaintiff resulted In
each case, for the full amount of the
demand. Judgments on those ver6icts
were before the appellate court for re-
view.
The higher court sustans the action of
the lower court In the instructions given
to the jury. declaring that the instruc-
tons a S a whole fairly submitted the law
OF the case to the jury.
AS TO the assignment of error that the
court erred In refusing to overrue the
motion of defendant to set aside the ver-
diet as contrary to the law and the evil
dence. the court holds that II is spH-
cent to say in respect to that branch of
the motion that under the principles np-
plicable to a demurrer to evidence his
court would not be warranted In disturb.
Ing the verdicts of the Jury, approved,
as they have been, by the judge who pre- (,
sided at the trial. 1t follows from these
views that the judgments complained of
are without reversible error and they
must be affirmed.
Danville Liquor Case.
In the case of the City of Danville vs..
Hatcher, cnse involving the power Of
a municipality to regulate and control
the liquor traffic under authority con-
iferred by legislative enactment, not IN
'contravention OF the Constitution, Judge
White delivers the opinion of the court,
reversing the Corporation Court of the
city of Danville. The opinion Is an un-
usually able one, quoting numerous au-
thorities and defining with great clear
ness the matter of police control over
The liquor business and the entire subject
of the supremacy of power conferred by
legislative enactment upon city,
Hatcher. liquor dealer, assailed GER
tain ordinances passed by the city OF
panyllle under its charter powers, One
of these required bar-rooms to be closed
al p. M and until G A. M. Another
required the removal of all screens, and
n third fixed the license tax al $500, The
hill charged that the ordinances are un-
reasonable and oppressive, and were
passei by the Council without authority
TO harass complainant and force him to
unreasonable expenditures of money, and
deriving him of his personal rights, and
prays that said ordinances be declared
nuli and void and the city enjoined from
enforcing them,
In its answer the city contends that 1t
has full power under Its charter to en-
act the ordinances complained of, and to
refuse liquor licenses altogether. It de-
MES that the ordinances were passed for