Legal Opinion · Dissent
Credit Acceptance Corporation v. Kenneth E. Stanley and Kerry J. Stanley
West Virginia Supreme Court
Decided June 1, 2026No. 24-305Published
1Dissent
FILED June 1, 2026 released at 3:00 p.m. C. CASEY FORBES, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA No. 24-305 – Credit Acceptance Corporation v. Kenneth E. Stanley and Kerry J. Stanley Justice Wooton, dissenting: The freedom of contract includes not only the power to make a contract, but also the freedom to waive, modify, or unmake the contract. Over a century ago, two of our nation’s most distinguished jurists eloquently affirmed this principle. Justice Benjamin Cardozo observed that: Those who make a contract may unmake it. The clause which forbids a change may be changed like any…
2Cases cited16 opinions
- Morgan v. Sundance, Inc.Supreme Court of the United States · 2022
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Shields Ltd. Partnership v. BradberryTexas Supreme Court · 2017
- Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
- Compel Arbitration Between S & R Co. of Kingston v. Latona Trucking, Inc.Court of Appeals for the Second Circuit · 1998
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