Legal Opinion

Swarthmore Lumber Co. v. Parks

West Virginia Supreme Court

Decided June 17, 1913PublishedCited by 10 opinions

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

  1. Laidley v. LaidleyWest Virginia Supreme Court · 1885
  2. Dunlop & Co. v. KeithSupreme Court of Virginia · 1829
  3. Peyton v. CabellWest Virginia Supreme Court · 1885

3Cited by10 opinions

  1. Laurie v. ThomasWest Virginia Supreme Court · 1982
  2. Lake O'Woods Club v. WilhelmWest Virginia Supreme Court · 1944
  3. Zogg v. HedgesWest Virginia Supreme Court · 1944
  4. Mabie v. MooreWest Virginia Supreme Court · 1915
  5. Deming National Bank v. BakerWest Virginia Supreme Court · 1919

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