Cook v. Eastern Gas & Fuel Associates

Haymond, Judge:

On this writ of error the defendant, Eastern Gas and Fuel Associates, seeks reversal of the judgment of the Circuit Court of Raleigh County, rendered July 26, 1945, against it in favor of the plaintiff, Andrew Rufus Cook, Trustee, for $3,000.00, with interest and costs.

The action is in assumpsit and the claim of the plaintiff, as stated in his declaration, is for the principal sum of $2,557.41, with interest, for royalty alleged to be due and owing to the plaintiff from the defendant, under a deed of lease upon a tract of coal in Fayette County, West Virginia. The lease, dated…