Dale v. Atwell

Woods, Judge:

This is an action of trespass on the case in assumpsit, instituted in the circuit court of McDowell county, in which Thompson Dale is plaintiff and John Atwell is the defendant. The declaration contains two counts, viz: (1) The common count in assumpsit, and (2) a special count setting out the alleged verbal contract sued upon. This special count- alleges, in substance, that the defendant, as owner and operator of a certain coal mine, entered into a verbal contract with plaintiff, whereby plaintiff agreed to do certain grading for, and to construct, a tramway over which to convey…