Legal Opinion

Clarke-Lawrence Co. v. Chesapeake & Ohio Ry. Co.

West Virginia Supreme Court

Decided January 28, 1908Published

Error to Circuit Court, Fayette County. Action by the Clarke-Lawrence Company against the Chesapeake & Ohio Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

POEFENBARGER, PRESIDENT:

On an agreed statement of facts, in a case carried into the circuit court of Fayette county, by appeal from the judgment of a justice of the peace, a judgment was rendered in favor *425•of the Clarke-Lawrence Company, against the Chesapeake & Ohio Railway Company, of which the latter complains.

The agreed facts are substantially as follows: The plain-tilf, a ■wholesale mercantile company, having negotiated sales to its customers of a carload of water melons for their fourth of July trade, in the year 1904, ordered the melons from Meonia Produce Company, of Richmond,…

2Cases cited6 opinions

  1. Magnin v. . DinsmoreNew York Court of Appeals · 1877
  2. Missouri Pacific Railway Co. v. HeidenheimerTexas Supreme Court · 1891
  3. Chicago & Southeastern Railway Co. v. Fifth National BankIndiana Court of Appeals · 1901
  4. Louisville & Nashville Railroad v. MeyerSupreme Court of Alabama · 1885
  5. Peebles v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873

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