Waldron v. Tarney Collieries Co.

Woods, Judge :

This was an action of assumpsit, instituted in the .circuit court of McDowell county, on a bond against the Tarney Collieries Company, a corporation, Jas. P. Flanagan, James A. Henchey and Geo. W. Lambert, for the recovery of $5,000.00 damages on account of the breach of the conditions and agreements contained in said bond executed by the defendants, payable to the plaintiffs in the penalty of $5,000.00, and dated January 19, 1923. The declaration was filed at January Rules, 1925, and the case was tried on June 22, 1925. The declaration set out the bond in its entirety, and as…