State Road Commission v. Coogle

Maxwell, Judge:

This case comes on motion to reverse a decree of the circuit court of Marion county rendered on the 6th day of February, 1928, against appellant, the State Boad Commission. The suit is for specific performance of an alleged parol contract.

In the early fall of 1917 the county court of Marion county entered upon and appropriated a portion of the land of B. C. Coogle at Bivesville in said county and re-located and constructed thereon for a distance of about two hundred and forty-seven feet a hard surface highway, the same being on the route from Fairmont to Morgantown. There was…