BERRY, Chief Justice:
This is an appeal by Dexter E. Phibbs, Sr., the plaintiff below and hereinafter referred to as plaintiff, from a final judgment of the Circuit Court of Mercer County, West Virginia entered on July 30, 1971 which set aside the jury verdict in favor of the plaintiff in the amount of $7500 and judgment thereon and entered judgment in favor of Town-O-Tel Courts, Incorporated, hereinafter referred to as defendant. The only assignment of error relied...
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