O'Dell v. Criss & Shaver, Inc.

Riley, Judge:

Criss & Shaver, Inc., a corporation, prosecutes this writ of error to a judgment of the Circuit Court of Kanawha County, rendered in a certain action of assumpsit, wherein E. F. O’Dell and Basil O’Dell, partners, etc., were plaintiffs, and said corporation was defendant.

Recovery is sought on the theory that defendant had breached a verbal contract, whereby the latter agreed to pay plaintiffs forty-three cents per batch for the haulage in plaintiffs’ trucks of batches of mixed concrete materials from defendant’s plant in Charleston to Stellhorn & Beightler, paving contractors on…