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HORN v. BOWEN

No. 10377.

67 S.E.2d 737 (1951)

HORN v. BOWEN et al.

Supreme Court of Appeals of West Virginia.

Decided December 4, 1951.

Attorney(s) appearing for the Case

Jackson, Kelly, Morrison & Moxley, W. T. O'Farrell, Charleston, J. J. Jones, Sutton, for plaintiffs in error.

Kay, Casto & Amos and Edward H. Tiley, Jr., all of Charleston, for defendant in error.

FOX, President.

This is an action of debt instituted by F. C. Horn, in the Circuit Court of Kanawha County, West Virginia, against Lawrence E. Bowen and The Fidelity and Casualty Company of New York, a corporation, for breach of contract, and it is assumed the action of debt is used on account of the execution of a performance bond on the part of the corporate defendant. A trial of the case resulted in a verdict in favor of the plaintiff against the defendants in...

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