Eagle Glass & Manufacturing Co. v. Second Hand Pipe & Supply Co.
West Virginia Supreme Court
Error to Circuit Court, Wood County. 'Action by the Eagle Glass & Manufacturing Company against the 'Second Hand Pipe & Supply Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Robinson, Judge :
Plaintiff is a glass manufacturing concern, and defendant is a dealer in second hand pipe. The former by written order purchased of the latter 16,000 feet of 5-% casing with the following stipulation: “All pipe including threads and couplings to be in good 'condition and warranted to stand not less than 100 pounds pressure.” When the shipments of the pipe arrived at the destination point fixed in the order, plaintiff unloaded the material, rejecting part thereof as bad, and used the residue in laying a pipe line about three miles long to carry gas from plaintiff’s wells to…
2Cases cited3 opinions
- J. W. Ellison, Son & Co. v. Flat Top Grocery Co.West Virginia Supreme Court · 1911
- Marshall v. StalnakerWest Virginia Supreme Court · 1912
- Darnell v. WilmothWest Virginia Supreme Court · 1911
3Cited by8 opinions
- Kemble v. WiltisonWest Virginia Supreme Court · 1922
- Ohio River Contract Co. v. SmithWest Virginia Supreme Court · 1915
- Showalter v. ChambersWest Virginia Supreme Court · 1916
- American Sugar Refining Co. v. Martin-Nelly Grocery Co.West Virginia Supreme Court · 1922
- Johns-Manville Sales Corporation v. ConnellyWest Virginia Supreme Court · 1959
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