E. T. Barnum Iron Works v. Prescott Construction Co.
West Virginia Supreme Court
Error to Circuit Court, Wood County. Action by the E. T. Rarnum Iron Works against the Prescott Construction Company. Judgment for plaintiff, motion for new trial denied, and defendant brings error.
1Opinion of the Court
Lynch, Jijdge :
The vindication of the right of the plaintiff to the judgment,' challenged by defendant in -the circuit court by motion for new trial and here by writ of error, depends entirely upon the existence of a contract between the parties affirmed by-one of them and denied by the other.
Defendant, a corporation engaged in the construction of buildings, contracted with the county court of Jackson County to erect a combination court house and jail at Ripley, the county seat of that county, and to furnish certain material manufactured by plaintiff, consisting of four Bessemer prison steel…
2Cases cited3 opinions
- Turner v. McCormickWest Virginia Supreme Court · 1904
- Watson v. CoastWest Virginia Supreme Court · 1891
- Ozzola v. MusolinoMassachusetts Supreme Judicial Court · 1917
3Cited by3 opinions
- Wood & Brooks Co. v. D. E. Hewit Lumber Co.West Virginia Supreme Court · 1921
- Brew-Woltman & Co. v. National Power Machinery Co.Ohio Court of Appeals · 1941
- Myrin v. KonowWyoming Supreme Court · 1932