First Nat. Bank of Bluefield v. Clark

MILLER, Justice:

Andrew L. Clark and William L. Sheppard, the defendants below, appeal from a summary judgment entered against them on January 7, 1987, by the Circuit Court of Mercer County. We find that there are issues of fact to be tried, and reverse the judgment.

I

The defendants were the sole partners in Chanticleer, a West Virginia partnership that proposed to construct twenty townhouse units in Princeton. They approached the Mercer County Commission sometime prior to December, 1981, to obtain financial assistance. On December 22, 1981, the Commission authorized the issuance of a…