Legal Opinion
Kesner v. Lancaster
West Virginia Supreme Court
Decided February 17, 1989No. 18246PublishedCited by 6 opinions
1Opinion of the Court
MILLER, Justice:
This is an appeal from an order of the Circuit Court of Mineral County which entered a judgment in favor of Donald Kes-ner (buyer), the plaintiff in a civil action to recover the purchase price of earth-moving equipment he had purchased from James Lancaster (seller). The buyer alleged that he had timely revoked his acceptance of the equipment pursuant to W.Va.Code, 46-2-608, of the Uniform Commercial Code (UCC). 1 The seller argues that the jury verdict was erroneous because: (1) W.Va. Code, 46-2-608, does not apply to sales transactions in which neither party is a “merchant,”…
2Cases cited34 opinions
- Durfee v. Rod Baxter Imports, Inc.Supreme Court of Minnesota · 1977
- Web Press Services Corp. v. New London Motors, Inc.Supreme Court of Connecticut · 1987
- Mike Bruce v. Martin-Marietta Corporation and Ozark Airlines, Inc.Court of Appeals for the Tenth Circuit · 1976
- Tiger Motor Co. v. McMurtrySupreme Court of Alabama · 1969
- Gasque v. Mooers Motor Car Co., Inc.Supreme Court of Virginia · 1984
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3Cited by6 opinions
- City Nat. Bank of Charleston v. WellsWest Virginia Supreme Court · 1989
- Anderson v. Chrysler Corp.West Virginia Supreme Court · 1991
- H.B. Fuller Company, a Minnesota Corporation v. Kinetic Systems, Inc., a Wisconsin CorporationCourt of Appeals for the Seventh Circuit · 1991
- Capitol Fuels, Inc. v. Clark Equipment Co.West Virginia Supreme Court · 1989
- Continental Insurance v. Page Engineering Co.Wyoming Supreme Court · 1989
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