Davisson v. Ford
West Virginia Supreme Court
Gkeen, Judge, furnishes the following statement of the case: At May rules, 1881, Keuben Davisson filed in the circuit court of Taylor county the following declaration in assumpsit against Marshall Ford: “State of 'West Virginia, Taylor County, ss.: “In the Circuit Court, to May Rules, 1881. “Keuben Davisson, plaintiff in this action, complains of Marshall Ford, defendant, of a plea of trespass on the case upon promises, for that heretofore, to-wit, on the — day of November,…
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Gkeen, Judge, furnishes the following statement of the case: At May rules, 1881, Keuben Davisson filed in the circuit court of Taylor county the following declaration in assumpsit against Marshall Ford: “State of 'West Virginia, Taylor County, ss.: “In the Circuit Court, to May Rules, 1881. “Keuben Davisson, plaintiff in this action, complains of Marshall Ford, defendant, of a plea of trespass on the case upon promises, for that heretofore, to-wit, on the — day of November, 1880, at-, to-wit, at the county aforesaid, the said plaintiff and the said defendant entered into a certain verbal…
1Opinion of the Court
Green, Judge ;
The first question arising in this case is: Did the circuit court err in overruling' the demurrer to the declaration and to each count thereofV The first count, it is insisted by the counsel for the defendant below, was fatally defective, first, because it fails to aver performance by the plaintiff; and secondly, because it fails to allege any consideration for the promises of the defendant stated in this count; and, thirdly, because it does not aver the non-payment of the damages claimed in the count. The count is good. The following consideration is stated in it: “ Eu…
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