West Virginia Tractor & Equipment Co. v. Cain

CATINNA, Commissioner.

West Virginia Tractor and Equipment Company sued Willard Cain to recover $3,779.73 as the balance due under a written lease for rental, maintenance, and repairs on leased Skidder equipment. Cain defended on the ground that the lease had been compromised by an agreement between West Virginia’s representative and himself, the terms being that West Virginia would accept and keep the equipment in lieu of the debt owed them by Cain. From a judgment in Cain’s favor, West Virginia appeals.

Cain leased the Skidder for his logging business from West Virginia on August 4, 1967. The…