JOHN D. STUMP v. CUNNINGHAM MEM. PARK

No. 20208.

419 S.E.2d 699 (1992)

187 W.Va. 438

JOHN D. STUMP & ASSOCIATES, INC., and John D. Stump, Appellees, v. CUNNINGHAM MEMORIAL PARK, INC., Smith Company, William E. Smith, D. Ray Smith, and William E. Rowe, Defendants Below Smith Company, William E. Smith and D. Ray Smith, Appellants.

Supreme Court of Appeals of West Virginia.

Decided May 29, 1992.

Rehearing Denied July 21, 1992.


Attorney(s) appearing for the Case

Robert A. Goldberg, Robert B. Allen, Thomas P. Larus, King, Betts & Allen, Charleston, for appellees.

Rudolph L. DiTrapano, DiTrapano & Jackson, Charleston, Rebecca A. Baitty, Sarasota, Fla., for appellants.


MILLER, Justice:

This is an appeal from a final order of the Circuit Court of Kanawha County, dated August 30, 1990, which entered judgment in favor of the plaintiffs below, John D. Stump & Associates, Inc., and John D. Stump, individually, in a civil action for breach of contract. The contract in question granted Mr. Stump an "exclusive option" to purchase a cemetery owned by the defendants and the right to commissions...

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