Legal Opinion

Wagon Co. v. Hutton

West Virginia Supreme Court

Decided April 11, 1903PublishedCited by 11 opinions

Appeal from Circuit Court, Randolph County. Action by the Troy Wagon Company against Woodford Hutton. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

BraNNON, Judge:

The Troy Wagon Works Company sold C. W. Flesher 20 wagons. The order for the wagons from Flesher contained the terms of the contract, among them the provisions: “The title to all goods shipped under this or any subsequent order is to remain in The Troy Wagon Works Company (unless at their option it shall be waived), and the goods are to be held at all times subject to their order, until paid for; and if sales are made before payment, the proceeds of all such sales whether cash, book accounts or notes, are to be held subject to the order of The Troy Wagon Works Company until all…

2Cases cited3 opinions

  1. State ex rel. Treasure Stove Works v. ProudfootWest Virginia Supreme Court · 1894
  2. Hatfield v. HaubertWest Virginia Supreme Court · 1902
  3. Smith v. SmithOhio Supreme Court · 1862

3Cited by11 opinions

  1. Bank of Marlinton v. McLaughlinWest Virginia Supreme Court · 1941
  2. Bailey Lumber Co. v. General Construction Co.West Virginia Supreme Court · 1926
  3. Daniel v. StevensWest Virginia Supreme Court · 1990
  4. Lazear v. Ohio Valley Steel Foundry Co.West Virginia Supreme Court · 1909
  5. Fisher v. ReamerWest Virginia Supreme Court · 1961

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