Cochran v. Appalachian Power Co.

McGraw, Justice:

Appellee, Cochran, operator of a small coal mine in Chattaroy Hollow, Mingo County, West Virginia, on October 14, 1958, entered into a contract with Appalachian Power Company (Power Company) by which the Power Company agreed to put in poles and electric lines to his mine for the sum of $2,300.00. After making payment, he was given a receipt which provided that this $2,300.00 “is not subject to refund.” According to Cochran’s undisputed evidence, he began operating the mine after the power was installed and continued to operate it on an *88irregular basis until 1966. In 1964, 1965…