Sammons Bros. Construction Co. v. Elk Creek Coal Co.

Riley, Judge:

This is an action in assumpsit on the common counts, instituted by Sammons Bros. Construction Company, hereinafter referred to as “Sammons Bros.”, against Elk Creek Coal Company, hereinafter referred to as “Elk Creek”, to recover the contract price and interest thereon for stripping and loading 18,024 tons of coal, for which it is charged the defendant had failed and refused to pay. The jury found for plaintiff in the amount of $61,-833.16, which, according to the “amended statement of account”, covered the principal sum sought to be recovered, less interest. To a judgment…