Riley v. Yost
West Virginia Supreme Court
Error to Circuit Court, Taylor County. Action by Oscar F. Riley and Columbus N. Mason against E. Harris Yost. Judgment for defendant, and plaintiffs bring error.
1Opinion of the Court
BRAnnon, President :
Oscar E. Riley and Columbus N. Mason brought an action of assumpsit in Taylor county against F. Harris Yost. The declaration contains the common counts and one special count upon a written contract. Under a demurrer there was a judgment of nil capiat, and the plaintiffs brought the case here. The defendant says that the written contract does not support the action as stated in the special count upon it; but we must take that count without considering the written contract. That count avers the executing of a written contract and makes profert of it. We cannot consider it…
2Cited by6 opinions
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- Baker v. HinesSupreme Court of Oklahoma · 1923
- Cummings v. United Fuel Gas Co.West Virginia Supreme Court · 1935
- Nagy v. Lumbermens Mutual Casualty Co.Supreme Court of Rhode Island · 1965
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