Collia v. McJunkin

This appeal by Miss Mary Angelina Col-lia and Phillip J. Collia is from the final order of the Circuit Court of Kanawha County dismissing their complaint under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure because it failed to state a claim upon which relief could be granted. The Collias sought to break a 1965 lease agreement contending that the lease provisions were inequitable and that the defendants improperly subleased the leased property. After examining the record, we conclude that the trial court did not err in dismissing the complaint.

The plaintiffs own Lot No. 18 of the…