Fallon v. Layfield

Meredith, Judge:

The circuit court of Upshur County sustained a demurrer to plaintiff’s declaration, and certifies its ruling here for review. The action is.to recover damages for the alleged breach of a contract entered into between plaintiff and defendants, *429and the point raised is whether such contract is contrary to public policy and therefore void and unenforceable. If it is, the court’s ruling in sustaining the demurrer must be.affirmed.

As appears from the declaration, the plaintiff was in 1917 a partnership engaged in the lumber business, and was a creditor of defendant, A. Layfield,…