Virginia Fuel Corp. v. Lambert Coal Co.

Opinion by Justice JANE MARUM ROUSH.

In this appeal, we consider whether the circuit court erred in granting summary judgment to the plaintiff in an action for breach of contract, in sustaining the plaintiff's demurrer to the defendants' counterclaim alleging breach of contract, and in dismissing the defendants' affirmative defense of recoupment.

I. Facts and Proceedings

The appellants in this case are Virginia Fuel Corporation ("Virginia Fuel") and James C. Justice Companies, Inc. ("Justice Companies"); the appellee is Lambert Coal Company ("Lambert "). On June 21, 2010, Virginia Fuel and…