Swarthmore Lumber Co. v. Parks
West Virginia Supreme Court
Appeal from Circuit Court, Randolph County. Bill by the Swarthmore Lumber Company against J. F. Parks. From a decree of dismissal, plaintiff appeals.
1Opinion of the Court
POEBENBARGBR, PRESIDENT:
The bill in this cause, dismissal of which for want of equity is complained of, proceeds upon two theories of right'of recovery, a contractual relation between the parties in connection with which the defendant perpetrated a fraud, and a fraud on his part independent of such relation, working injury to the plaintiff. At the institution of the suit, an attachment, based *626upon fraud in the incurrence of the alleged liability, was sued out.
The fraudulent act complained of in the bill and set up in the affidavit for the attachment was a misrepresentation on the part of the…
2Cases cited3 opinions
- Laidley v. LaidleyWest Virginia Supreme Court · 1885
- Dunlop & Co. v. KeithSupreme Court of Virginia · 1829
- Peyton v. CabellWest Virginia Supreme Court · 1885
3Cited by10 opinions
- Laurie v. ThomasWest Virginia Supreme Court · 1982
- Lake O'Woods Club v. WilhelmWest Virginia Supreme Court · 1944
- Zogg v. HedgesWest Virginia Supreme Court · 1944
- Mabie v. MooreWest Virginia Supreme Court · 1915
- Deming National Bank v. BakerWest Virginia Supreme Court · 1919
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