Ober v. Stephens

MCWHORTER, PRESIDENT;

M. V.. Ober brought his action before a justice of the peace of *355Wetzel county against John Stephens, to recover “Amount due for sale of real estate according to contract $250,” and recovered judgment for the amount claimed. Stephens appealed from the judgment of the circuit court of Wetzel county. When the case was called the defendant tendered two pleas in writing numbered one and two. The first was a plea of now-assumpsit, the second was to the effect that at the time plaintiff alleged that defendant employed him as an agent to sell for him defendant’s farm, for the…