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COCHRAN v. APPALACHIAN POWER CO.

No. 13788.

246 S.E.2d 624 (1978)

Newman COCHRAN et al. v. APPALACHIAN POWER CO.

Supreme Court of Appeals of West Virginia.

July 11, 1978.

Attorney(s) appearing for the Case

W. Graham Smith, Jr., Smith & Rumora, Williamson, Charles A. Tutwiler, Tutwiler, Crockett & LaCaria, Welch, for appellant.

Sterl F. Shinaberry, Hostler & Shinaberry, Charleston, for appellees.

McGRAW, Justice:

Appellee, Cochran, operator of a small coal mine in Chattaroy Hollow, Mingo County, West Virginia, on October 14, 1958, entered into a contract with Appalachian Power Company (Power Company) by which the Power Company agreed to put in poles and electric lines to his mine for the sum of $2,300.00. After making payment, he was given a receipt which provided that this $2,300.00 "is not subject to refund." According to Cochran's undisputed evidence, he...

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