John v. Elkins

McWhorter, Judge:

This was an action of assumpsit brought by Lemuel' N. John in the-circuit court of Monongalia county against Davis Elkins and George C. Sturgiss upon the following agreement in writing:

“This agreement made and entered into this 11 day of December, 1902, between L. N. John, of the first part, and Davis Elkins and George C. Sturgiss, of the second part, *160witnesseth that in consideration of One Dollar in hand paid and for the further consideration of One Hund/i'ed and Fifty Dollars per acre for each and every acre used by sand second parties for a R. R. over the premises…