Legal Opinion

Polino v. Keck

West Virginia Supreme Court

Decided May 8, 1917PublishedCited by 4 opinions

Error to Circuit Court, Marion County. Action of assumpsit by Samuel Polino against C. I. Keck, dealing, etc. Demurrer to declaration overruled, and, defendant brings error.

1Opinion of the Court

MilleR, Judge:

The declaration in assumpsit, by setting the same out in full therein, averred a contract between plaintiff and defend'ant, with mutual promises and undertakings, and whereby-for the consideration of thirty cents per cubic yard to be paid plaintiff by defendant, as provided therein, plaintiff agreed to supply sufficient teams and to haul from the barges or flats of the defendant to the site of the construction work all the sand and gravel that would be required each day by *428the Crossan Construction Company, contractor, in the work of constructing the Buckhannon and Northern…

2Cases cited5 opinions

  1. Barrett v. Raleigh Coal & Coke Co.West Virginia Supreme Court · 1904
  2. Bare v. Victoria Coal & Coke Co.West Virginia Supreme Court · 1914
  3. Chicago Art Co. v. ThackerWest Virginia Supreme Court · 1909
  4. Smith v. Atlas-Pocahontas Coal Co.West Virginia Supreme Court · 1909
  5. Anderson v. DavisWest Virginia Supreme Court · 1904

3Cited by4 opinions

  1. McGrew v. Ide Estate Investment Co.Supreme Court of Kansas · 1920
  2. Bulick v. MilkintWest Virginia Supreme Court · 1922
  3. Holcombe v. Laurel Creek Coal Co.West Virginia Supreme Court · 1924
  4. Vecellio & Grogan, Inc. v. Division of HighwaysWest Virginia Court of Claims · 1992

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