Beall v. Morgantown & Kingwood Railroad

Woods, Judge:

This certificate involves the sufficiency of an amended declaration, four special pleas and two special replications, the trial court having overruled demurrers to the amended declaration, the special plea of “want of authority of agent to execute and failure of defendant to ratify contract,” and the two special replications to said plea, and having sustained demurrers to the special pleas of “accord and satisfaction,” “conditions performed and conditions unbroken,” and ‘ ‘ release. ’ ’

This action is based on an alleged breach on the part of defendant company of a promise to…