Pancake v. Hite

Lively, Judge:

This is an action of assumpsit by J ames I. Pancake, et al., against John Y. Hite and E. B. Cribble, partners trading as the John Y. Hite Lumber Company, to recover the sale price of certain chestnut timber that would make telephone and telegraph poles, on the plaintiff’s land in Hardy County, West Virginia. This writ was awarded to a judgment entered on a $2,400.00 verdict in plaintiffs’ favor.

The plaintiffs in error have filed no brief and have made no appearance in this Court. In taking up the assignments of error in the petition for this writ we cannot pass upon those…