Roy Young & Sons Paving, Inc. v. Ash

This is an appeal by John L. Ash and Fast Lube America, Inc., appellants/defendants1 (hereinafter collectively referred to as “F.L.A.”), from an order by the Circuit Court of Kanawha County denying their post-trial motion for a new trial. Roy Young & Sons Paving, Inc., appellee/plaintiff (hereinafter referred to as “Young & Sons Paving”), brought this action alleging that F.L.A. breached a contract by failing to pay for work performed by Young & Sons Paving. A jury trial was held on July 7, 1997, and a verdict was returned in favor of Young & Sons Paving. Thereafter, F.L.A. filed a post-trial…