Minear Coal Co. v. Miller-Todd Coal Co.

Kenna, Judge:

From a decree of the Circuit Court of Upshur County, requiring the defendant, Miller-Todd Coal Company, to specifically perform an alleged contract to convey to the plaintiff, Minear Coal Company, defendant was granted this appeal. The six assignments of error are comprehended in but two main points, the first being that the alleged contract to convey, compliance with which was ordered by the trial court’s decree, constituted a separate and distinct voluntary instrument not a part of an admittedly binding contract dated February 6, 1936, and therefore was not shown to be…