John D. Stump & Associates, Inc. v. Cunningham Memorial Park, Inc.

MILLER, Justice:

This is an appeal from a final order of the Circuit Court of Kanawha County, dated August 30, 1990, which entered judgment in favor of the plaintiffs below, John D. Stump & Associates, Inc., and John D. Stump, individually, in a civil action for breach of contract. The contract in question granted Mr. Stump an “exclusive option” to purchase a cemetery owned by the defendants and the right to commissions on sales of certain cemetery items.

A number of errors are asserted. With respect to the “exclusive option” claim, we believe this case can be resolved by reference to several…