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SAMMONS BROS. CONST. CO. v. ELK CREEK COAL CO.

No. 10276.

65 S.E.2d 94 (1951)

SAMMONS BROS. CONST. CO. v. ELK CREEK COAL CO.

Supreme Court of Appeals of West Virginia.

Decided March 20, 1951.

Dissenting Opinion May 7, 1951.

Attorney(s) appearing for the Case

Estep & Chambers, Logan, St. Clair & McComas, Huntington, for plaintiff in error.

Campbell & McNeer, C. F. Bagley, Jr., and L. E. Woods, Jr., Huntington, for defendant in error.

RILEY, Judge.

This is an action in assumpsit on the common counts, instituted by Sammons Bros. Construction Company, hereinafter referred to as "Sammons Bros.", against Elk Creek Coal Company, hereinafter referred to as "Elk Creek", to recover the contract price and interest thereon for stripping and loading 18,024 tons of coal, for which it is charged the defendant had failed and refused to pay. The jury found for plaintiff...

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