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SUN LUMBER CO. v. THOMPSON LAND & COAL CO.

No. 10493.

76 S.E.2d 105 (1953)

SUN LUMBER CO. v. THOMPSON LAND & COAL CO.

Supreme Court of Appeals of West Virginia.

Decided March 17, 1953.

Dissenting Opinion April 9, 1953.

Rehearing Denied June 16, 1953.

Attorney(s) appearing for the Case

John H. Fox, Sutton, Herbert M. Blair, Weston, for appellant.

B. C. Eakle, Clay, Osman E. Swartz, Charleston, for appellee.

BROWNING, Judge.

The Sun Lumber Company instituted this suit in equity in the Circuit Court of Clay County praying to be relieved of a claimed forfeiture of a certain agreement, dated July 14, 1944, and for an injunction restraining defendant from interfering in any way with plaintiff's rights under that agreement. The defendant, the Thompson Land & Coal Company, demurred to the bill on the grounds that: (1) Plaintiff had an adequate remedy at law; and (2) the...

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