45 W. Va. 680 | W. Va. | 1898
On the first Monday of May, 1897, J. C. Ralphsnyder filed his bill in the circuit court of Preston County, against
The defendant W. G. Brown answered the plaintiff’s bill, and alleged that the allegations in said bill relating directly to the actions, conduct, and alleged understandings and agreements of the respondent with the plaintiff by which they were to buy said property (meaning the brick house and lands and lots contiguous theret)) jointly and that by said contract and agreement respondent was to do the bidding and buy the property in, and the plaintiff to stand by for the purpose of indicating to respondent how much to bid on said property, and that he was to stop bidding when so directed, and under said arrangement
Do the circumstances shown by the pleadings and proof in this case entitle the plaintiff to the relief prayed for, or to that afforded him by the final decree? His bill alleges that he had an arrangement and understanding with W. G. Brown by which they were to buy the property jointly,— Brown to do the bidding, and plaintiff to stand by and indicate when he should stop. Brown, in his answer, says that’ while he was bidding on this property he was approached by plaintiff, who said: “There is no use in us
Reversed.