Full-Time Private Practice Of Medicine

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Dr. Whyte would abide by his contractual obligations to relocate his medical practice from Beckley to the Ronceverte community and to engage in the “Full-Time Private Practice of Medicine” in the community for a period of 36 months. See Recruitment Agreement at p. 1 and § B.1. In support of his argument, Dr. Whyte has cited only two antiquated West Virginia cases, both of which are easily capable of distinction. In the first, Summit Coal Co., v. Raleigh Smokeless Fuel Co., 99 W.Va. 11, 128 S.E. 298 (1928), the Court affirmed a directed verdict against a party who had waited too long to question the performance of its counterparty, saying “[t]hese unquestioned agreements clearly establish an estoppel against the plaintiff and bar its rights

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