Yates v. Stuart's Adm'r
West Virginia Supreme Court
I. — As to remedy at law. — 1 Lom. Dig. (2 Ed.) 717. II. — As to office of petitions. — Eule 1, 23 W. Va. 818. III. — As to notice by Com. — Code 1887, s. 4, c. 129; 13 ~W. Va. 441. IV. — Court has a right to re commit cause. — Code, e. 129, s. 3. V. — As to commissioner’s right to refer question to court.— Code, c. 129, s. 6. VI. — As to ambiguity of contract. — 26 W. Va. 460; 31 W. Va. 70; 18 G-ratt. 1. VII. — As to parties right to ratify or reject contract. — Smith’s…
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I. — As to remedy at law. — 1 Lom. Dig. (2 Ed.) 717. II. — As to office of petitions. — Eule 1, 23 W. Va. 818. III. — As to notice by Com. — Code 1887, s. 4, c. 129; 13 ~W. Va. 441. IV. — Court has a right to re commit cause. — Code, e. 129, s. 3. V. — As to commissioner’s right to refer question to court.— Code, c. 129, s. 6. VI. — As to ambiguity of contract. — 26 W. Va. 460; 31 W. Va. 70; 18 G-ratt. 1. VII. — As to parties right to ratify or reject contract. — Smith’s Mer. Law, 138, § 5. VIII. — As to Stuart’s liability if he contracted in his own name for known and responsible parties. —…
1Opinion of the Court
IIolt, Judge :
This is a suit iii equity, brought in the Circuit Court of Taylor county in November, 1884, by J. W. Yates and others against Chapman J. Stuart and others, upon a lost contract of lease, for discovery of balance due plaintiffs thereon, for an account to ascertain the true balance, and a decree for the same. Defendant Chapman W. Stuart appeared and answered, and, having died during the pend-ency of the suit, it was'revived against his administrator, W. S. Stuart, who also answered. Ployd Neely also appeared and filed his demurrer and answer. Hone of the other parties defendant…
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