Legal Opinion

W. T. Rawleigh Co. v. McMillan

West Virginia Supreme Court

Decided February 17, 1931No. 6808Published

1Opinion of the Court

Litz, President:

This is an appeal from an order, quashing an attachment in equity because of alleged defective affidavit, and dismissing the suit for want of jurisdiction.

The bill shows that the plaintiff, The W. T. Rawleigh Company, a corporation, and defendant, J. S. McMillan, entered into a written contract January 6, 1925, (to continue during the remainder of that year subject to termination at any time by written notice of either party to the other), whereby it agreed to sell him at wholesale “its manufactured products” for cash or “upon installment payments satisfactory to the seller;”…

2Cases cited2 opinions

  1. Altmeyer v. CaulfieldWest Virginia Supreme Court · 1893
  2. Preston County Power Co. v. Franklin Coal & Coke Co.West Virginia Supreme Court · 1922

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