Bare v. Victoria Coal & Coke Co.
West Virginia Supreme Court
Error to Circuit Court, Fayette County. Action by B. E. Bare, administrator, etc., against the Victoria Coal & Coke Company. Judgment for plaintiff, and defendant brings érror.
1Opinion of the Court
Midler, PresideNT:
This is the same case, but upon an amended declaration, which we had in Bannister v. Victoria Coal & Coke Co., 63 W. Va. 502. The substance of the original declaration; and *634of tbe several counts thereof, is set forth in the opinion in-that case. The contract there pleaded was an alleged modified one with mutual promises for mining.coal by plaintiff for defendant. The breach, by defendant, alleged, as excusing complete performance by plaintiff, was “that while the plaintiff was engaged in performing the said contract, to-wit, on the - day of December, 1901, the defendant…
2Cases cited21 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Raabe v. . SquierNew York Court of Appeals · 1895
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- McCreery v. GreenMichigan Supreme Court · 1878
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3Cited by12 opinions
- Franklin v. PenceWest Virginia Supreme Court · 1945
- Annon v. LucasWest Virginia Supreme Court · 1971
- Suburban Improvement Co. v. Scott Lumber Co.Court of Appeals for the Fourth Circuit · 1933
- Cochran v. Ollis Creek Coal CompanyWest Virginia Supreme Court · 1974
- Atlantic Bitulithic Co. v. Town of EdgewoodWest Virginia Supreme Court · 1927
7 more not listed; retrieve them via the Exa API.