J. & G. CONSTRUCTION CO. v. Freeport Coal Co.

129 S.E.2d 834 (1963)

J. & G. CONSTRUCTION COMPANY

v.

FREEPORT COAL COMPANY.

No. 12185.

Supreme Court of Appeals of West Virginia.

Submitted January 22, 1963.

Decided February 19, 1963.

Dissenting Opinion February 26, 1963.

Rehearing Denied May 9, 1963.

Baker & Armistead, Charles G. Baker, Charles S. Armistead, Morgantown, for appellant.

Hale J. Posten, Albert M. Morgan, Morgantown, for appellee.

HAYMOND, Judge.

The decision of the controlling question presented by this appeal will determine the proper application of three payments by the defendant, Freeport Coal Company, a corporation, upon certain…