TROY MIN. CORP. v. ITMANN COAL CO.

No. 16729.

346 S.E.2d 749 (1986)

TROY MINING CORPORATION v. ITMANN COAL COMPANY.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 12, 1986.


Attorney(s) appearing for the Case

Martin J. Glasser, John A. Rollins, Lewis, Ciccarello, Masinter & Freidberg, Charleston, for appellant.

W. Warren Upton, Robert G. McLusky, Jackson, Kelly, Holt & O'Farrell, Charleston, for appellee.


BROTHERTON, Justice:

In this case, Troy Mining Corporation complains that the Circuit Court of Wyoming County erroneously directed a verdict in favor of Itmann Coal Company, in a suit for wrongful termination of a contract mining agreement. The main issues in the case are whether the contract between the parties, or a seven-day mutual termination clause therein, was unconscionable, and, alternatively, whether there had been an oral modification of the contract. We...

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