Legal Opinion

Hyer v. Smith

West Virginia Supreme Court

Decided December 15, 1900PublishedCited by 4 opinions

Appeal from, Circuit Court, Braxton County. Bill by J. S. Hyer and J. H. Chapman against Smith, Myers & Schnier and others. Judgment for plaintiffs. Defendants appeal.

1Opinion of the Court

McWhorter, President:

Smith, Myers and Schnier of Cincinnati, in the fall of 1896, proposed in writing to sell to Braxton Lumber and Coal Company certain machinery, and fixtures for a mill named and described in said proposition, which closes as follows:

“We will deliver the above on ears in Cincinnati not later than November 1st, for the sum of five thousand four hundred dollars, terms five hundred dollars cash, five hundred dollars in thirty days and the balance' in equal payments at four, six and nine months, with interest at six per cent, from date of shipment ; settlement to be made on…

2Cases cited4 opinions

  1. Houston v. McNeerWest Virginia Supreme Court · 1895
  2. Linhart v. Foreman's Adm'rSupreme Court of Virginia · 1883
  3. First Nat. Bank of Braddock v. HyerWest Virginia Supreme Court · 1899
  4. Williams v. GillespieWest Virginia Supreme Court · 1888

3Cited by4 opinions

  1. Cable Co. v. McElhoeIndiana Court of Appeals · 1915
  2. Worley v. Metropolitan Motor Car Co.Washington Supreme Court · 1913
  3. Lazear v. Ohio Valley Steel Foundry Co.West Virginia Supreme Court · 1909
  4. Citizens' Coal & Supply Co. v. CustardCourt of Appeals for the Fourth Circuit · 1917

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