Legal Opinion

Buffington v. Lyons

West Virginia Supreme Court

Decided October 15, 1912PublishedCited by 14 opinions

Error to Circuit Court, Cabell County. Action by P. C. Buffington and others against John E. Lyons. Judgment for defendant, and plaintiffs bring error.

1Opinion of the Court

PoüTENJSARGER, JUDGE :

This case involves only rulings upon instructions and a motion to set aside a verdict for the defendant in an action by agents to recover commissions on a sale of timber, alleged to have been made by them or through their efforts.

Lyons authorized Buffington and McVay, by a written instrument, dated August 16, 1906, to sell certain Raleigh county timber for him, on land known as the “Prince Tract,” for $31,-000.00, and thereby agreed that they might have, as commission for their services, all they could obtain for it in excess of said sum, but their agency was not made…

2Cases cited3 opinions

  1. Reynolds v. TompkinsWest Virginia Supreme Court · 1883
  2. Ward v. BrownWest Virginia Supreme Court · 1903
  3. Lay v. Elk Ridge Coal & Coke Co.West Virginia Supreme Court · 1908

3Cited by14 opinions

  1. Cato v. SillingWest Virginia Supreme Court · 1952
  2. Hollen v. LingerWest Virginia Supreme Court · 1966
  3. Hollen v. LingerWest Virginia Supreme Court · 1966
  4. Preston County Coke Co. v. Preston County Light & Power Co.West Virginia Supreme Court · 1961
  5. Yates v. MancariWest Virginia Supreme Court · 1969

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