Kaufman v. Catzen

Woods, Judge:

This cause has been considered by this court twice before on appeal. See Kaufman v. Catzen, 81 W. Va. 1, and Kaufman v. Catzen, 90 W. Va. 719, which opinions are referred to for a statement of the facts. However, a brief history of the litigation will be necessary to an understanding of the questions involved here.

The plaintiff’s original bill sought a recovery of $30,000 advanced by the plaintiff to cover the prepayment of five years’ ground rent upon the leasehold involved''herein, and also a one-third interest in the enterprise in addition thereto. This claim was met by the…