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WARD v. SMITH

No. 10677.

86 S.E.2d 539 (1955)

T. A. WARD, Jr., d/b/a Ward Construction Company, v. L. L. SMITH, d/b/a Smith Construction Company.

Supreme Court of Appeals of West Virginia.

Decided March 28, 1955.

Attorney(s) appearing for the Case

Ernest E. Winters, Norton & Layne, W. H. Norton, Huntington, for plaintiff in error.

Charles F. Bagley, Jr., Russell L. Daugherty, W. H. Darnall, Huntington, for defendant in error.

HAYMOND, Judge.

Claiming an unpaid sum of $24,432.41 for crushed stone furnished under a written contract, the plaintiff T. A. Ward, Jr., doing business as Ward Construction Company, instituted this action in assumpsit in the Circuit Court of Cabell County on February 1, 1952, to recover that amount from the defendant L. L. Smith, doing business as Smith Construction Company.

The case was tried upon an amended declaration...

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