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SYLVIA COAL CO. v. MERCURY COAL & COKE CO.

No. 12625.

156 S.E.2d 1 (1967)

SYLVIA COAL COMPANY, Inc., a Corporation v. MERCURY COAL & COKE COMPANY, a Corporation.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1967.

Attorney(s) appearing for the Case

Dailey, Halbritter & Smith, James T. Dailey, Jr., Kingwood, for appellant.

Haden & Haden, Charles H. Haden, Charles H. Haden, II, Morgantown, for appellee.

BERRY, Judge.

This is a civil action instituted in the Circuit Court of Preston County by the Sylvia Coal Company, Inc., hereinafter referred to as Sylvia or plaintiff, against the Mercury Coal & Coke Company, a Corporation, hereinafter referred to as Mercury or defendant, to recover the sum of $3,548.37 for 1419.35 tons of coal delivered by the plaintiff to the defendant at $2.50 per ton. The jury returned a verdict in favor of Sylvia in the amount of $1,000...

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