Rees Electric Co. v. Mullens Smokeless Coal Co.

Haymond, Judge:

This action of assumpsit was instituted in the Circuit Court of Raleigh County in January, 1954. The plaintiff, Rees Electric Company, Inc., upon a declaration containing the common counts in assumpsit, seeks to recover from the defendant, Mullens Smokeless Coal Company, a corporation, the sum of $1,178.84, with interest, upon an account the items of which are set forth in a bill of particulars filed with the declaration. The defendant filed a special plea alleging that the causes of action mentioned in the declaration are based upon an attempt to charge the defendant upon a…