Sammons Bros. Const. Co. v. Elk Creek Coal Co.

65 S.E.2d 94 (1951)

SAMMONS BROS. CONST. CO.

v.

ELK CREEK COAL CO.

No. 10276.

Supreme Court of Appeals of West Virginia.

Submitted January 23, 1951.

Decided March 20, 1951.

Dissenting Opinion May 7, 1951.

Estep & Chambers, Logan, St. Clair & McComas, Huntington, for plaintiff in error.

Campbell & McNeer, C. F. Bagley, Jr., and L. E. Woods, Jr., Huntington, for defendant in error.

RILEY, Judge.

This is an action in assumpsit on the common counts, instituted by Sammons Bros. Construction Company, hereinafter referred to as "Sammons Bros.", against Elk Creek Coal Company, hereinafter referred to as "Elk…