Watson v. Buckhannon River Coal Co.

' Lively, Judge.:

This writ is to review a judgment for $25,244.37, rendered on September 27, 1922, in favor of plaintiff below.

The action is assumpsit for breach of a written contract of sale and purchase of coal executed the 29th of May, 1916, and modified or supplemented by a writing dated the 17th day of October, 1916. The proper construction of this original and supplemental contract is the question upon which practically all of the assignments of error are based. The lower court construed the contract as contended for by plaintiff, and at the conclusion of the. evidence gave instructions…