Goodwin v. Tony Pocahontas Coal Co.
West Virginia Supreme Court
Error to Circuit Court, McDowell County. Action by A. T. Goodwin and others against the Tony Pocahontas Coal Company. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
KlTZ, PRESIDENT:
This writ of error seeks reversal of a judgment in favor of the plaintiffs for a balance claimed to be due them for certain work done under a contract, providing for the grading of a siding for the defendant. The contract sued on is not in controversy, and simply provided for the doing of the work at a certain stipulated price per yard. It provided no* method for ascertaining the quantity, and when the work was completed the parties were unable to agree upon the number of yard^ of excavation, and this suit resulted from that disagreement.
The plaintiffs contend that at the time…
2Cases cited1 opinion
- Perkins v. Monongahela Valley Traction Co.West Virginia Supreme Court · 1918
3Cited by8 opinions
- State v. DriverWest Virginia Supreme Court · 1921
- State v. BarkerWest Virginia Supreme Court · 1946
- State v. LongWest Virginia Supreme Court · 1921
- Edmiston v. WilsonWest Virginia Supreme Court · 1961
- Spriggs v. Cheyenne Newspapers, Inc.Wyoming Supreme Court · 1947
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