Comley v. Ford

Poffenbarger Judge:

James A. Comley and wife brought an action of assumpsit, in the circuit court of Monongalia county, to recover, from Wesley Eord, the sum of $2,000.00, as a minimum royalty reserved upon a lease of a certain tract of coal. A demurrer to the original declaration was sustained and it was amended. The court overruled the demurrer to the amended declaration and-each count thereof, whereupon certain special pleas were tendered and rejected. Then the case was submitted to the court, on an agreed statement of facts, and there was a finding for the defendant. The court seems to…