Hurricane Milling Co. v. Steel & Payne Co.
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by the Hurricane Milling Company against the Steel & Payne Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
POFEENBARGER, JUDGE :. The judgment brought up by this writ of error was obtained against the defendant as vendor of a car-load of damaged corn. It resisted the action on two grounds: (1), that it was a mere agent or broker acting for a known or disclosed principal, in the transaction, and, therefore, not being a vendor at all, was not liable for the alleged breach of the contract; and; (2), that *378the injury to the com was occasioned by negligence of the vendee, after delivery thereof. The plaintiff having declined to accept it, the carrier disposed of it and took its charges out of the…
2Cases cited6 opinions
- Ogden v. RaymondSupreme Court of Connecticut · 1852
- Sims v. Carpenter, Frazier & Co.West Virginia Supreme Court · 1910
- Anderson v. LewisWest Virginia Supreme Court · 1908
- Johnson v. WelchWest Virginia Supreme Court · 1896
- Drake v. PopeSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fink v. Montgomery Elevator Company of ColoradoSupreme Court of Colorado · 1966
- Saco Dairy Co. v. NortonSupreme Judicial Court of Maine · 1944
- Fleming v. United Teachers Associates Ins. Co.District Court, S.D. West Virginia · 2003
- Rhodes v. TomlinSupreme Court of Alabama · 1958
- Lawson v. American General Assurance Co.District Court, S.D. West Virginia · 2006
3 more not listed; retrieve them via the Exa API.