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DANCO, INC. v. DONAHUE

No. 16436.

341 S.E.2d 676 (1985)

DANCO, INCORPORATED v. Rex DONAHUE d/b/a R.E.X., Inc.

Supreme Court of Appeals of West Virginia.

Rehearing Denied April 4, 1986.

Attorney(s) appearing for the Case

Chambers, Chambers & Heilmann and Robert C. Chambers, Huntington, for appellant.

Frazier & Oxley and Leon Oxley, Huntington, for appellee.

McGRAW, Justice:

The appellant, R.E.X., Inc., appeals from a final order of the Circuit Court of Cabell County sustaining a $19,750.11 jury verdict for the appellee, Danco, Inc., for building materials purchased in connection with the construction of a housing development by Sherwood Estates, Inc. The appellant contends that the trial court erred by failing to instruct the jury on its theory of the case. We agree, and therefore must reverse and remand for a new trial...

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