Grady v. Appalachian Electric Power Co.

Fox, Judge:

The plaintiff instituted his action of assumpsit against the defendant, in the Circuit Court of Kanawha County, seeking to recover damages alleged to be due under contract, and in said action filed his second amended declaration. The defendant demurred to said declaration, assigning four separate grounds therefor. The circuit court sustained said demurrer in part and overruled it in part, and on its own motion certified its action to this Court.

Plaintiff seems to rely upon two theories for recovery. One, based on alleged representations and understandings as to the custom of the…