Sims v. Carpenter, Frazier & Co.

POEEENBARGER, JüDGE:

In the circuit court of Cabell county, J. E. Sims recovered a judgment, against Carpenter, Frazier & .Co., for $2,600.00, in an action of assumpsit, brought to recover money alleged to be due from the defendants, principal contractors with’the Chesapeake & Ohio Eailway Company, to the plaintiff, a sub-contractor. Assigning a number of errors, the defendants obtained a writ of error.

The evidence having disclosed that E. P. Sims, a brother of the plaintiff, had become interested in the contract after it was made, the defendants moved to dismiss the action on the1 ground of a…