Bays v. Johnson
West Virginia Supreme Court
Error to Circuit Court, Nicholas County. Assum,psit by E. M. Bays against R. M. Johnson and W. C. Barnes, as partners, etc. Judgment against defendant Johnson with judgment for defendant Barnes for costs, and plaintiff brings, error.
1Opinion of the Court
Lynch, President:
To recover against R. M. Johnson and W. C. Barnes a balance alleged to be due on a contract of sale to them as partners of timber to be manufactured into staves, ties and other articles of trade, plaintiff at December rules, 1913, brought assumpsit, and against Johnson only obtained judgment for an amount less than that claimed in the declaration, and Barnes recovered a judgment for costs against plaintiff, who brings the case here for review.
One hundred dollars of the consideration for the timber was paid equally by the defendants, who united in two notes •for the residue,…
2Cases cited10 opinions
- Bowyer v. KnappWest Virginia Supreme Court · 1879
- Blair & Hoge v. WilsonSupreme Court of Virginia · 1877
- Charleston Lumber Co. v. FriedmanWest Virginia Supreme Court · 1908
- Merchants National Bank v. GoodWest Virginia Supreme Court · 1883
- McConnell v. HewesWest Virginia Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Preston County Coke Co. v. Preston County Light & Power Co.West Virginia Supreme Court · 1961
- Keller v. WashingtonWest Virginia Supreme Court · 1919
- Georgeton v. ReynoldsSupreme Court of Virginia · 1933
- Henry v. Seiberling Rubber Co.Court of Appeals of Kentucky (pre-1976) · 1936
- Stump v. WilsonWest Virginia Supreme Court · 1925
2 more not listed; retrieve them via the Exa API.