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REES ELECTRIC CO. v. MULLENS SMOKELESS COAL CO.

No. 10724.

89 S.E.2d 619 (1955)

REES ELECTRIC COMPANY, Inc. v. MULLENS SMOKELESS COAL COMPANY.

Supreme Court of Appeals of West Virginia.

Decided November 1, 1955.

Attorney(s) appearing for the Case

Scherer, Bowers & File, L. L. Scherer, Beckley, for plaintiff in error.

Anthony J. Sparacino, Roy A. Cunningham, Beckley, for defendant in error.

HAYMOND, Judge.

This action of assumpsit was instituted in the Circuit Court of Raleigh County in January, 1954. The plaintiff, Rees Electric Company, Inc., upon a declaration containing the common counts in assumpsit, seeks to recover from the defendant, Mullens Smokeless Coal Company, a corporation, the sum of $1,178.84, with interest, upon an account the items of which are set forth in a bill of particulars filed with the declaration. The defendant filed a special...

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