Showalter v. Chambers
West Virginia Supreme Court
Error to Circuit Court, Mingo County. Action by J. W. Showalter against E. B. Chambers. Verdict for plaintiff was set aside, and he brings error.
1Opinion of the Court
POFFENBARGER, JUDGE :
The plaintiff complains of the action of the court in setting aside a verdict for $321.29, obtained in a second trial after an appeal from th,e judgment of a justice, in a civil action for the recovery of the price of a car load of hay, and granting a new trial.
Oral testimony relating to alleged correspondence and telegraphic communication between the parties, pertaining to their negotiations, which, unfortunately, was not preserved, if it took place, and bearing directly on the principal issue, whether a sale was effected, is highly conflicting; but some of the…
2Cases cited5 opinions
- Cobb v. Glenn Boom & Lumber Co.West Virginia Supreme Court · 1905
- Hood v. Bloch Bros.West Virginia Supreme Court · 1886
- Grogan v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Erie City Iron Works v. Miller Supply Co.West Virginia Supreme Court · 1911
- Eagle Glass & Manufacturing Co. v. Second Hand Pipe & Supply Co.West Virginia Supreme Court · 1914
3Cited by6 opinions
- State v. LarueWest Virginia Supreme Court · 1925
- Nettles v. Imperial Distributors, Inc.West Virginia Supreme Court · 1968
- Midland Investment Co. v. NelsonWest Virginia Supreme Court · 1929
- State Ex Rel. Alderson v. HolbertWest Virginia Supreme Court · 1953
- Nettles v. Imperial Distributors, Inc.West Virginia Supreme Court · 1968
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