Bishop v. Wheeling Mold & Foundry Co.
West Virginia Supreme Court
Error to Circuit Court, Ohio County, Action by George A.. Bishop against the Wheeling Mold & Foundry Company. Demurrer to declaration sustained, judgment of dismissal rendered, and plaintiff brings error.
1Opinion of the Court
POFEENBAEGER, PRESIDENT :
This writ of error goes to a judgment of dismissal of an action seeking recovery - of damages for breaches of alleged warranties in a sale of personal property; a demurrer to the declaration and each count thereof having been sustained and the plaintiff having declined to amend.
The discussion of the assignment of error proceeds upon the assumption that the two counts of the declaration allege an express warranty of materials and wrokmanship in certain machinery purchased by the plaintiff from the defendant and an implied warranty of fitness or suitableness of the…
2Cases cited6 opinions
- Steel v. American Oil Development Co.West Virginia Supreme Court · 1917
- Payne v. GrantSupreme Court of Virginia · 1885
- Battrell v. Ohio River R'y Co.West Virginia Supreme Court · 1890
- Waid v. DixonWest Virginia Supreme Court · 1904
- Grover v. Ohio River RailroadWest Virginia Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Payne v. Valley Motor Sales, IncorporatedWest Virginia Supreme Court · 1962
- Kerchanski v. SmithWest Virginia Supreme Court · 1923