DANIEL v. ELK REFINING CO.

Civ. A. No. 1120.

103 F.Supp. 898 (1952)

DANIEL et al. v. ELK REFINING CO.

United States District Court S. D. West Virginia, Charleston Division.

February 9, 1952.


Attorney(s) appearing for the Case

Bailey, Worrell & Bailey, R. D. Bailey, Sr., and R. D. Bailey, Jr., all of Pineville, W. Va., for plaintiffs.

Dayton, Campbell & Love, Ernest H. Gilbert, Jr., and Thomas W. Moses, all of Charleston, W. Va., for defendant.


MOORE, Chief Judge.

Plaintiffs bring this action for the purpose of obtaining the rescission of a lease made by plaintiffs to defendant, and covering a lot of land situate in Pineville, West Virginia, since improved by defendant by building a gasoline service station thereon, which station has been operated for nearly three years.

The lot in Pineville is owned jointly by plaintiffs. Emma J. Daniel also owns a lot in Oceana, West Virginia, which is a small...

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