Legal Opinion
Citizens' Coal & Supply Co. v. Custard
Court of Appeals for the Fourth Circuit
Decided July 19, 1917No. 1539Published
Appeal from the 'District Court of the United States for the Southern District of West Virginia, at Blueficld. Proceeding in bankruptcy by the Citizens’ Coal & Supply Company against J. H. Custard, trustee of the Bluestone Construction Company, bankrupt, to reclaim property sold by said Company to bankrupt. From a judgment confirming decision of the referee in bankruptcy in favor of the trustee, the seller appeals.
1Opinion of the Court
KNAPP, Circuit Judge.
In October, 1916, the parties named therein made this contract:
“Citizens’ Coal & Supply Company, of Bluefield, W. Va., hereinafter called the seller, sells, and Bluestone Construction Company, of Bluefield, W. Va. *426hereinafter called the purchaser^ purchases, Lehigh Portland cement on the following terms and condition:
“The purchaser does hereby represent to the seller that twelve hundred (1,200) barrels of cement are to be used in the construction of State Normal School building, Short Creek, W. Va., for which construction the purchaser has contract, and that he hereby…
2Cases cited1 opinion
- Hyer v. SmithWest Virginia Supreme Court · 1900