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J. & G. CONSTRUCTION CO. v. FREEPORT COAL CO.

No. 12185.

129 S.E.2d 834 (1963)

J. & G. CONSTRUCTION COMPANY v. FREEPORT COAL COMPANY.

Supreme Court of Appeals of West Virginia.

Decided February 19, 1963.

Dissenting Opinion February 26, 1963.

Rehearing Denied May 9, 1963.

Attorney(s) appearing for the Case

Baker & Armistead, Charles G. Baker, Charles S. Armistead, Morgantown, for appellant.

Hale J. Posten, Albert M. Morgan, Morgantown, for appellee.

HAYMOND, Judge.

The decision of the controlling question presented by this appeal will determine the proper application of three payments by the defendant, Freeport Coal Company, a corporation, upon certain indebtedness of the defendant which resulted from its sale, as a broker, during the month of December 1946, of a quantity of coal produced by the plaintiff, J. & G. Construction Company, a corporation. After repeated unavailing requests of the plaintiff for...

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