Weltner v. Riggs
West Virginia Supreme Court
In May, 1865, Edward Biggs brought an action of trespass on the case in assumpsit in the circuit court of Monon-galia county, against Shelby P. and George Weltner.
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In May, 1865, Edward Biggs brought an action of trespass on the case in assumpsit in the circuit court of Monon-galia county, against Shelby P. and George Weltner. The declaration was founded upon the following contract: “September .22d, 1864. Bought of Edward Biggs two thousand grape roots, one year old, at 16 dollars per hundred; [sweet apples 100; fall apples 100; winter apples 1,000; peach trees 2,000. The above trees at 16 dollars per hundred with a credit of three years with use; the same to be delivered this fall at Line ford; the above sale to be conditioned upon the said Biggs…
1Opinion of the Court
Brown, President.
This was an action of assumpsit to recover damages for the refusal of the defendants to receive and pay for divers fruit trees and grape vines alleged to have been delivered or tendered by the plaintiff on contract.
I think the demurrer to the declaration was properly overruled, because the declaration states a case distinctly and formally.
The special plea was properly rejected, it being substantially the general issue which had been pleaded. To the objection of the written contract as void for the want of the proper stamp several answers may be given.
1st. It was stamped with…
2Cases cited1 opinion
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
3Cited by9 opinions
- Boyd v. GunnisonWest Virginia Supreme Court · 1878
- Small v. SlocumbSupreme Court of Georgia · 1900
- Watson v. MirikeCourt of Appeals of Texas · 1901
- Feller v. McKillipMissouri Court of Appeals · 1904
- Cummings v. Badger Lumber Co.Missouri Court of Appeals · 1908
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