American Canning Co. v. Flat Top Grocery Co.
West Virginia Supreme Court
Error to Circuit Court, Mercer County. Action by the American, Canning Company against the Flat Top Grocery Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Miller, Judge:
Plaintiff sued defendant in assumpsit for damages for refusing to accept and pay for at the time and place stipulated in the contract, three thousand cases, six thousand dozen, “Standard No. 3 Berries,” fully executed on its part, as follows: “Contract for sale of 3000 cases Blackberries: We this day sell to Flat Top Grocery Co. of Bluefield, W. Va. (3000) cases, 6000 Doz. Standard No. 3 berries for delivery at end of packing season, 1908. We guarantee the same to be standard in every respect, and fully guaranteed against swells for a period of 6 months, from date of shipment.…
2Cases cited8 opinions
- Harrison v. McCormickCalifornia Supreme Court · 1891
- Moore v. . PotterNew York Court of Appeals · 1898
- James & Mitchell v. AdamsWest Virginia Supreme Court · 1875
- Lewis v. . GreiderNew York Court of Appeals · 1872
- American Hide & Leather Co. v. Chalkley & Co.Supreme Court of Virginia · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wilson v. EdwardsWest Virginia Supreme Court · 1953
- Shires v. BoggessWest Virginia Supreme Court · 1913
- Leckie v. BrayWest Virginia Supreme Court · 1922
- Trippett v. Monongahela West Penn Public Service Co.West Virginia Supreme Court · 1925
- Sylvia Coal Co. v. Mercury Coal & Coke Co.West Virginia Supreme Court · 1967
4 more not listed; retrieve them via the Exa API.