Sun Lumber Co. v. Thompson Land & Coal Co.

76 S.E.2d 105 (1953)

SUN LUMBER CO.

v.

THOMPSON LAND & COAL CO.

No. 10493.

Supreme Court of Appeals of West Virginia.

Submitted January 27, 1953.

Decided March 17, 1953.

Dissenting Opinion April 9, 1953.

Rehearing Denied June 16, 1953.

John H. Fox, Sutton, Herbert M. Blair, Weston, for appellant.

B. C. Eakle, Clay, Osman E. Swartz, Charleston, for appellee.

BROWNING, Judge.

The Sun Lumber Company instituted this suit in equity in the Circuit Court of Clay County praying to be relieved of a claimed forfeiture of a certain agreement, dated July 14, 1944, and for an injunction restraining defendant from…