Thomas v. Kanawha Valley Traction Co.
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by Thomas & Moran against the Kanawha Valley Traction Company. Judgment for defendant, and plaintiffs; bring error.
1Opinion of the Court
Miller, Judge:
The judgment below on the verdict of the jury was that plaintiffs take nothing by their action, and that defendant recover its costs. To this judgment, error is brought by plaintiffs to this court.
The action was assumpsit, upon the common counts, and also upon a special count, counting upon a contract in writing between plaintiffs and defendant for the drilling of a water well. The contract pleaded, dated June 22, 1907, recited under a whereas, a contract of June 2, 1906, between the same parties, for the drilling of a well, the drilling thereof under that contract to the depth…
2Cases cited18 opinions
- Nichols v. Scranton Steel Co.New York Court of Appeals · 1893
- Carter County v. SintonSupreme Court of the United States · 1887
- Coles v. Jefferson Ins. Co.West Virginia Supreme Court · 1895
- Union Bank & Trust Co. v. Long Pole Lumber Co.West Virginia Supreme Court · 1912
- Gonzales College v. McHughTexas Supreme Court · 1858
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Steinbrecher v. JonesWest Virginia Supreme Court · 1967
- Carroll-Cross Coal Co. v. Abrams Creek Coal & Coke Co.West Virginia Supreme Court · 1919
- Wells-Dickey Co. v. EmbodyMontana Supreme Court · 1928
- Homes v. Monongahela Power Co.West Virginia Supreme Court · 1952
- Producers Coal Co. v. Mifflin Coal Mining Co.West Virginia Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.