Smith v. State Road Commission

Lively, Judge:

J. F. Smith seeks a writ of mandamus to compel tbe State Road Commission to pay to him tbe sum of $200.00 for shale averred to have been “sold and delivered” by petitioner to the commission from bis land.

Mrs. Nora Kester, a respondent here, sought, through her agent, to sell, to relator Smith a tract of land situate in Webster County, West Virginia; and on June 16, 1928, relator offered to purchase the land for $600.00, in payments of $200.00 cash and the balance in six and twelve months, respectively, “provided the title is O. K. and no back taxes.” Mrs. Kester’s attorneys…