Erie City Iron Works v. Miller Supply Co.
West Virginia Supreme Court
Error to Circuit Court, Cabell Comity. Action by the Brie City Iron Works against the Miller Supply Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
P'OEEEKBARGER, JUDGE.
On this writ of error, the Miller Supply Company complains of a judgment against it for $930.75, the amount of a verdict rendered, by direction of the court, in an action of assumpsit in the circuit court of Cabell county.
The action was for the recovery of the purchase price of a steam boiler. The defense is breach of warranty of quality, the defendant claiming a sale of the boiler as one suitable for use in a special manner and for a special purpose, and total failure thereof to answer such'purpose and rescission of the contract. The defendant in the action purchased the…
2Cases cited9 opinions
- Johnson v. BurnsWest Virginia Supreme Court · 1894
- Hight v. BaconMassachusetts Supreme Judicial Court · 1878
- Rymer v. South Penn Oil Co.West Virginia Supreme Court · 1904
- Peoria Grape Sugar Co. v. TurneyIllinois Supreme Court · 1898
- Warren Glass Works Co. v. Keystone Coal Co.Court of Appeals of Maryland · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Leckie v. BrayWest Virginia Supreme Court · 1922
- Corns-Thomas Engineering & Construction Co. v. County Court of McDowell CountyWest Virginia Supreme Court · 1922
- Appalachian Power Co. v. TateWest Virginia Supreme Court · 1922
- Nettles v. Imperial Distributors, Inc.West Virginia Supreme Court · 1968
- Griffin v. RunnionWest Virginia Supreme Court · 1914
9 more not listed; retrieve them via the Exa API.