James & Mitchell v. Adams
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of Wood county, rendered on the 2d day of January, 1874, in a suit therein depending between A. It. James and John W. Mitchell, late co-partners, doing business under the firm name of James & Mitchell, plaintiffs, and T. IT. Adams, defendant. The supersedeas was granted on the petition of the defendant below. The other facts appear in tlie opinion of the court.
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Supersedeas to a judgment of the circuit court of Wood county, rendered on the 2d day of January, 1874, in a suit therein depending between A. It. James and John W. Mitchell, late co-partners, doing business under the firm name of James & Mitchell, plaintiffs, and T. IT. Adams, defendant. The supersedeas was granted on the petition of the defendant below. The other facts appear in tlie opinion of the court. The Hon. James M. Jackson, judge of said circuit court, presided at the trial below. '
1Opinion of the Court
Hatmond, President :
This is an action brought by the plaintiff against the defendant in the circuit court of Wood count}*-, for failing and refusing to perform his verbal contract; alleged to have been made with the plaintiffs; for the purchase and sale of goods, &c. The action was brought on the 13th day of November, 1872. The declaration contains but one count. On the 23d day of December, 1873, the defendant filed his demurrer to the plaintiffs’ declaration, in which the plaintiffs joined, and the court overruled the demurrer. The defendant thereupon plead the general issue of non…
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