Campbell v. Kanawha & Hocking Coal & Coke Co.

Kenna, Judge:

This is an action in assumpsit brought in the Circuit Court of Fayette County by S. P. Campbell, Ada M. Craver and Pattie J. Kyle against Kanawha & Hocking Coal and Coke Company for the purpose of recovering damages resulting from the violation of a covenant contained in a lease from the plaintiffs to the defendant. Plaintiffs filed an amended declaration comprised of two counts: a first and special count and a second count containing all of the common count allegations. The defendant filed a demurrer to the first count of the declaration and also a demurrer to the entire…