Danco, Inc. v. Donahue

McGRAW, Justice:

The appellant, R.E.X., Inc., appeals from a final order of the Circuit Court of Cabell County sustaining a $19,750.11 jury verdict for the appellee, Danco, Inc., for building materials purchased in connection with the construction of a housing development by Sherwood Estates, Inc. The appellant contends that the trial court erred by failing to instruct the jury on its theory of the case. We agree, and therefore must reverse and remand for a new trial.

In 1976, Rex Donahue formed R.E.X., Inc., as a wholly owned corporation for the purpose of constructing a small shopping center.…