Ashland Coal & Coke Co. v. Hull Coal & Coke Corp.
West Virginia Supreme Court
Error to Circuit Court, McDowell County. Action by the Ashland Coal & Coke Company against the Hull Coal & Coke Corporation. Judgment for plaintiff and defendant brings error.
1Opinion of the Court
POEEENBARGER, JUDGE:
The refusal of certain instructions, asked for by the defendant, and the giving of an instruction, prepared and given by the court in lieu of those requested, constitute the grounds of complaint on this writ of error.
The Ashland Coal & Coke Company sued The Hull Coal & Coke Corporation, in assumpsit, for about $2,800.00, the price of coke sold to the latter in the months of June and July, 1906. The defendant claimed by way of set-off, $4,362.34, as commission on certain other coal, and, by way of recoupment, $2,575.37', both of which cross-claims grew out of an alleged…
2Cases cited9 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Withers v. GreeneSupreme Court of the United States · 1850
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
- B. & O. R. R. v. JamesonWest Virginia Supreme Court · 1878
- B. & O. R. R. v. BitnerWest Virginia Supreme Court · 1879
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3Cited by17 opinions
- Bu-Vi-Bar Petroleum Corporation v. KrowCourt of Appeals for the Tenth Circuit · 1930
- Williams v. County Court of Lincoln CountyWest Virginia Supreme Court · 1922
- Taylor v. Buffalo Collieries Co.West Virginia Supreme Court · 1913
- Monongahela Tie & Lumber Co. v. FlanniganWest Virginia Supreme Court · 1915
- Cook Pottery Co. v. ParkerWest Virginia Supreme Court · 1920
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