Back v. Smith
West Virginia Supreme Court
Error to Circuit' Court, Marion County. Action by Joseph Back and another, co-partners, against John E. Smith. There was a verdict for plaintiffs, and the court having set the same aside, and awarded a new trial, plaintiffs bring error.
1Opinion of the Court
Robinson, Judge:
Plaintiffs, wholesale liquor dealers in Cincinnati, contracted with defendant, a retail liquor dealer at Fainnont, to deliver to him, at a stipulated price, f. o. b. cars at distillery, a named quantity of a specified brand of rye whiskey, to be bottled in bond. The distillery at which this particular brand of whiskey was produced was located in Pennsylvania. Plaintiffs caused the amount of whiskey they had contracted to furnish defendant to be bottled and cased' at this distillery. They then consigned the whiskey to themselves at Fairmont, and received bill of lading from the…
2Cases cited2 opinions
- Stevens v. StewartCalifornia Supreme Court · 1853
- Greenbrier Lumber Co. v. WardWest Virginia Supreme Court · 1892
3Cited by2 opinions
- H.O. Anderson, Inc. v. RoseWest Virginia Supreme Court · 1987
- H.O. Anderson, Inc. v. RoseWest Virginia Supreme Court · 1987