Buckeye Saw Manufacturing Co. v. Rutherford
West Virginia Supreme Court
Error to Circuit Court, Webster County. Action by the Buckeye Saw Manufacturing Company against A. J. Rutherford. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
Williams, Judge:
On the 20th of October, 1903, A. J. Rutherford bought of The Buckeye Manufacturing Company, through its traveling agent, E. E. Simons, and its local agent, A. B. Elbon who resided *396at Webster Springs, West Virginia, one 58 inch, inserted tooth, circular saw. This purchase was made upon a printed order blank which contained the following provision: “Saw is to be made of best quality of steel, free from flaws and practically true. Should it prove defective in any particular during time of trial, you are then to put in good shape, or if necessary, replace it with a new saw.and it…
2Cases cited13 opinions
- Henry v. SneedSupreme Court of Missouri · 1889
- Newlin v. BeardWest Virginia Supreme Court · 1873
- Coles v. Jefferson Ins. Co.West Virginia Supreme Court · 1895
- Dewing v. HuttonWest Virginia Supreme Court · 1900
- First National Bank v. Charles Nelson & Co.Supreme Court of Georgia · 1868
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3Cited by9 opinions
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- Great Eastern Refining Corp. v. ShankWest Virginia Supreme Court · 1925
- Cottrill v. First Huntington National BankWest Virginia Supreme Court · 1937
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