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CITY OF MULLENS v. DAVIDSON

No. 10154.

57 S.E.2d 1 (1949)

CITY OF MULLENS v. DAVIDSON et al.

Supreme Court of Appeals of West Virginia.

Decided December 20, 1949.

Attorney(s) appearing for the Case

Kingdon & Kingdon, Mullens, Frederick T. Kingdon, Mullens, for plaintiffs in error.

Jackson, Kelly, Morrison & Moxley, Charleston, W. T. O'Farrell, Charleston, for defendants in error.

HAYMOND, President.

This action of assumpsit was instituted in the Circuit Court of Wyoming County by and in the names of the City of Mullens, a municipal corporation, and the State of West Virginia, as plaintiffs, for the use and benefit of Robert R. Jones, to recover from the defendants, Louis Haynes Davidson, as principal, and Fidelity and Casualty Company of New York, a corporation, as surety, damages for the alleged breach...

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