Philadelphia Co. v. Shackelford
West Virginia Supreme Court
Error to Circuit Court, Gilmer County. Suit by the Philadelphia Company of West Virginia against John N. Shackelford, with set-off by defendant. Judgment for defendant on a directed verdict, motion for new trial overruled, and plaintiff brings error.
1Opinion of the Court
Milder, President :
Plaintiff as assignee of a lease of 288 acres, more or less, for oil and gas, sought by this suit to recover from defendant, the lessor, the several quarterly installments of rent or delay money of $72.00 each paid by it to him. aggregating, according to the bill of particulars filed, $864.00.
The declaration, besides the common counts in assumpsit, also contained a special count: According to the averments of the special count right of action was predicated on the theory of a rescission of the contract and total failure of consideration.
By the lease pleaded and proven the…
2Cases cited3 opinions
- Hall v. VernonWest Virginia Supreme Court · 1899
- Gaffney v. StowersWest Virginia Supreme Court · 1913
- Freeman v. EgnorWest Virginia Supreme Court · 1913
3Cited by3 opinions
- Hope Natural Gas Co. v. JarvisWest Virginia Supreme Court · 1921
- Hager v. WolfeWest Virginia Supreme Court · 1932
- Hamrick v. NutterWest Virginia Supreme Court · 1925