Superior Oil Company v. Roberts

NORVELL, Justice.

This cause presents a question that has not been squarely passed upon by this Court. We find, however, that the Supreme Court of West Virginia has decided the controlling issue in the case contrary to the contentions which respondents here urge. See, Boggess v. Milam, 127 W.Va. 654, 34 S.E.2d 267 (1945). Being of the opinion that Boggess was correctly decided, we reverse the judgments of the courts below 1 and render judgment that respondents (plaintiffs in the trial court) take nothing against the petitioner, The Superior Oil Company.

In stating the case, we will use the…