J. W. Ellison, Son & Co. v. Flat Top Grocery Co.
West Virginia Supreme Court
Error to Circuit Court, Mercer County. Action by J. W. Ellison, Son, & Co. against the Plat Top Grocery Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Beannon, Judge:
J. W. Ellison, Son & Company and the Plat Top Grocery Company, both corporations, made a -written contract by which the Ellison Company sold to the Plat Top Company 200 ear *381load's of bay, 180 of which were to be No. 1 timothy, and 20 No. 1 mixed, the hay to be good. The contract contained the clause: “The party of the first part agrees to take the full amount of hay within twelve (12) months, commencing October 1st, 1907, said shipment to be made at the rate of seventeen cars per month, which shipment is to be made on regular terms, payable ten days from date of shipment.” The…
2Cases cited6 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Filley v. PopeSupreme Court of the United States · 1885
- Lyon v. BertramSupreme Court of the United States · 1858
- Buskirk Bros. v. PeckWest Virginia Supreme Court · 1905
- Manss-Bruning Shoe Co. v. PrinceWest Virginia Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Teller v. McCoyWest Virginia Supreme Court · 1978
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- Amherst Coal Company v. United StatesDistrict Court, S.D. West Virginia · 1969
- Bare v. Victoria Coal & Coke Co.West Virginia Supreme Court · 1914
- Reece v. Yeager Ford Sales, Inc.West Virginia Supreme Court · 1971
22 more not listed; retrieve them via the Exa API.