Ward v. Smith

Haymond, Judge:

Claiming an unpaid sum of $24,432.41 for crushed stone furnished under a written contract, the plaintiff T. A. Ward, Jr., doing business as Ward Construction Company, instituted this action in assumpsit in the Circuit Court of Cabell County on February 1,1952, to recover that amount from the defendant L. L. Smith, doing business as Smith Construction Company.

The case was tried upon an amended declaration filed by the plaintiff, which contained common counts and a special count based upon a written contract between the parties, a plea of the general issue and a special plea…