Toney v. Sandy Ridge Coal & Coke Co.
West Virginia Supreme Court
Error to Circuit Court, Merfeer County. Action by L: G-. Toney, assignee and substituted plaintiff,, against the Sandy Bidge Coal & Coke Company. A verdict for plaintiff was set aside, and plaintiff brings error.
1Opinion of the Court
POEEENBARGER, JUDGE:
The purpose of this writ of error is reversal of a judgment, setting aside a verdict for $17,583.36, returned in an action of assumpsit for the recovery of damages for alleged breaches, of a contract of sale of coal by a coal producing company to. a firm of coal brokers, agents or dealers. The issues arose-on pleas of .former adjudication, and non-assumpsit and the court gave two instructions which amounted to a direction to. find for the plaintiffs; but, for some reason not indicated by anything in the record, a motion to set aside was sustained. The plaintiffs below…
2Cases cited10 opinions
- Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
- Wandling v. StrawWest Virginia Supreme Court · 1885
- Forest Coal Co. v. DoolittleWest Virginia Supreme Court · 1903
- Ritz v. City of WheelingWest Virginia Supreme Court · 1898
- Poole v. DilworthWest Virginia Supreme Court · 1885
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3Cited by5 opinions
- Johnson v. Huntington Moving & Storage, Inc.West Virginia Supreme Court · 1977
- Williams v. County Court of Lincoln CountyWest Virginia Supreme Court · 1922
- Milner Hotels, Inc. v. Norfolk & Western Railway Co.District Court, S.D. West Virginia · 1993
- Blackrock Enterprises, LLC v. BB Land, LLC, and JB Exploration 1, LLCWest Virginia Supreme Court · 2024
- Browning v. BrowningWest Virginia Supreme Court · 1922