W. L. Thaxton Construction Co. v. O.K. Construction Co.

W. L. Thaxton Construction Company brought suit against O. K. Construction Company and Buckeye Union Insurance Company for breach of contract on an oral agreement subsequent to a written contract. A jury in the Circuit Court of Kana-wha County returned a verdict for Thaxton for $147,708. This verdict was allowed to stand. 0. K. and Buckeye then appealed, contending that the trial court erred in admitting evidence of oral contracts to modify a written instrument. The appellants also contend that the trial court erred in excluding evidence of 0. K.’s payments on behalf of Thaxton because such…