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WEST VIRGINIA W. SERVICE CO. v. CUNNINGHAM

No. CC835.

98 S.E.2d 891 (1957)

WEST VIRGINIA WATER SERVICE COMPANY v. I. V. CUNNINGHAM, Doing Business as Mountain State Construction Company.

Supreme Court of Appeals of West Virginia.

Decided July 2, 1957.

Attorney(s) appearing for the Case

McClintic, James, Wise & Dadisman, J. H. McClintic, Stanley E. Dadisman, Charleston, for plaintiff.

Amos, Brotherton & Keightley, Charleston, for defendant.

Palmer & Elkins and J. Campbell Palmer, III, Charleston, for insurance carrier of defendant, as amicus curiae.

RILEY, President.

This notice of motion for judgment proceeding was instituted in the Circuit Court of Kanawha County by West Virginia Water Service Company, a corporation, against I. V. Cunningham, doing business as Mountain State Construction Company, to recover on contract in the amount of four thousand nine hundred and thirty-eight dollars and eighteen cents, based upon job order requests for the West Virginia Water Service Company to move certain

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