Coe v. Denly

Litz, Judge:

Tbe plaintiff sues in assumpsit. Tbe declaration contains two counts. Tbe first count avers that on tbe 5tb day of October, 1920, and for some time prior thereto, tbe plaintiff was tbe owner and operator of a coal mine in Mason county, West Virginia, producing considerable quantities of coal for domestic and foreign markets; and that by reason of tbe great demand then existing for coal, tbe plaintiff entered into a written contract witb tbe defendant, October 5th, 1920', in order to obtain funds for tbe purpose of improving tbe mine and to secure a market for its entire output.…