Sterling Organ Co. v. House
West Virginia Supreme Court
Oreen, Judge, furnishes the following statement of the ease: On November 24, 1882, the Sterling Organ Company, a corporation of the State of Connecticut, brought an action of assumpsit in the circuit court of Ohio county, West Virginia, against 0. A. House.
Read the full summary
Oreen, Judge, furnishes the following statement of the ease: On November 24, 1882, the Sterling Organ Company, a corporation of the State of Connecticut, brought an action of assumpsit in the circuit court of Ohio county, West Virginia, against 0. A. House. The declaration contained the common counts only for work and labor, for goods sold and delivered, for monies lent and advanced to and paid, laid out and expended for the defendant, for monies had and received by the defendant for the use of the plaintiff, and a general indebitatus assumpsit count. It was in the usual form of such a…
1Opinion of the Court
Green, Judge:
The first question presented by this record is: Did the circuit court err in permitting the defendant to file the two special pleas against the objection of the plaintiff? They wore drawn under section 5 of chapter 126 of the Code of West Virginia which is in these words:
“In any action on a contract, the defendant may file a plea alleging any such failure in the consideration of the contract, or fraud in its procurement, or any such breach of any warranty to him of the title to real property or of the title or soundness of personal property, for the price or value whereof he…
2Cases cited20 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Babcock v. TriceIllinois Supreme Court · 1857
- James & Mitchell v. AdamsWest Virginia Supreme Court · 1875
- Life Insurance v. FranciscoSupreme Court of the United States · 1873
- Herkimer Manufacturing & Hydraulic Co. v. SmallNew York Supreme Court · 1839
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Franklin v. PenceWest Virginia Supreme Court · 1945
- Watson v. Buckhannon River Coal Co.West Virginia Supreme Court · 1923
- State v. CobbsWest Virginia Supreme Court · 1895
- Adkins v. INCO Alloys International Inc.West Virginia Supreme Court · 1992
- Franklin v. T. H. Lilly Lumber Co.West Virginia Supreme Court · 1909
18 more not listed; retrieve them via the Exa API.