Mollohan v. Black Rock Contracting, Inc.

Harshbarger, Justice:

This appeal is by defendant Black Rock Contracting, Inc., from a jury trial in the Circuit Court of Braxton County in which a verdict of $10,465.20 was awarded to plaintiff Larry Mollohan.

On October 5, 1970, Mollohan contracted with Black Rock to unload 56,884 tons of stone from railroad cars and stockpile it at a railroad siding. Mollohan’s complaint alleged that Black Rock breached the contract by getting Kenton Meadows Company, Inc. to do the work even though Mollohan was ready to perform the contract. Mollohan sued to recover his lost profits. The contract stated, in…