Lutz v. Currence

McGinnis, Judge:

In this suit to recover damages for breach of an executory contract by which certain timber was to be cut and manufactured into lumber, brought in the Circuit Court of Randolph County, the court upon a second trial thereof resulting in a verdict for the defendant and judgment being entered thereon, the plaintiff complains and brings this writ of error.

The material facts as shown by the plaintiff’s testimony upon the retrial of this case are substantially the same as were testified to by plaintiff’s witnesses in the case of Lutz v. Currence, 91 W. Va. 25, which is here referred…