John W. Lohr Funeral Home, Inc. v. Hess & Eisenhardt Co.

Berry, Judge:

This is an appeal by the defendant, Hess and Eisenhardt Company, an Ohio Corporation, hereinafter referred to as H&E, from a judgment of the Circuit Court of Randolph County of June 22, 1967 in the amount of $7500, resulting from the defendant’s refusal to deliver a custom-built funeral coach which the plaintiff, John W. Lohr Funeral Home, Inc., a West Virginia corporation, had ordered from the defendant’s distributor. The plaintiff entered into a contract with the 'defendant’s distributor to buy a new $13,000 vehicle and traded in a similar used vehicle for which the plaintiff…