Atlantic Bitulithic Co. v. Town of Edgewood

Maxwell, President:

This certification involves the sufficiency of plaintiff’s second amended declaration. The trial court overruled the defendant’s demurrer thereto.

In different aspects, this case has been twice before this court. Atlantic Bitulithic Co. v. Town of Edgewood, 76 W. Va. 630, 87 S. E. 183, 184; and Atlantic Bitulithic Co. v. Town of Edgewood, 103 W. Va. 137, 137 S. E. 223, 224. The first case was in chancery and had for its purpose the enjoining of the defendant from interfering with the plaintiff in the performance of a paving contract which had been entered into between the…