The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1911-10-26
OHIO COUNTY
COURT UPHELD
NJ CAL y. roCNo.
rntsiGssncsr Barsaa
ChAriestca. ~ Va o1t- -.

cA.riss,0z- " Va. oSi' a.
WIKI the hcElruing % the special
I fail term % the supreme Court CO
2 Appeals comes renewed Interest IN
legal rratiers u ~ expected that The
court stl hard down opinions each
Tuesday morning Until the eve % the
holidays and then resume azain short
b after the nrst ~ the wear
E One % the trst cases handed down
vas that % the Raleigh Lumber CON.
pany " Wilsou Son. Which came
mp from the Circuit Court % Ohio
county. and On which the decision O,
the over court was nrnrmed IN an
opinion written Is Judge PorenbAr-
rer The suit involved the sale BY
the plaintiff company 20 Wilson a
Son OF some lumber
To ascertain the intent % the
parties 20 the contract respecting
portion thereof. stated IN general and
indefinite terms. reference may he
h1i 90 tho subject matter. the situa.
ZION % the parties. their aims and
purposes ant the circumstances. az
ve'l a. the other provisions OF r-e
rou'racf says Judge PorenbArger.
Who wrote the opinion % the court
Under a contract % sale % large
thereof % a dealer for r. sale In roe
market. providing for certain per
cottages OF the entire quantity IN
certain Lengths. and stipulAting for
widths by the use OF the phrase q 20
. i2'7 wide. tho vendor Is bound 70 FUR.
I nish In ali iarge shipments reasonable
I percentages Of all widths and lengths
/ lowered by The contract 70 demanded
| by the yendse." holds The opinion
u is further held that "in such case
refusal ~ the vendor 20 deliver a por.
ton ~ the amount sold because the
yendee declined TO receive a large
portion % r. In a single installment.
4 containing only narrow and short
board. constitutes breach OF TOE
contract Gains or profits Of the ven
dee prevented by such breach NAV be
recouped in an action FOR purchase
money % the lumber furnished under
tho contract"
The opinion also holds that IN an
action involving the Interpretation OF
"a contract. custom or usage con
-.srent with the terms OF the contract
peculiar 20 the subject matter there
o. known 20 the parties. and probably
Intended 20 be- included m the con
tract. as shown by their situation and
purposes. the nature of the subject
matter and the attendant circum
stances it, admissible in evidence
bur that "if on the trial % an ac-
ton FOR damages for breach OF con
pact the breach appears as matter u
law from undisputed facts and cir
Icumsfauces. the court may permit an
.atorney. in examining witnesses IS
20 the quantam Of damages 10 assume
tho existence OF the breach
Kanawhs County Case.
I'm affirming the Circuit Court o.
Kanawha county IN the case ~ the
7 Capital city supply Company vs.
Beury. President Williams. writing
the opinion 81 the court held that
when a bin OF exceptions Is signed
in vacation u 10 much the better
practice FOR the trial court To certify
thar 30 was done within thirty days
from the adjournment 81 the term
But ~ b. does not appear from the
record that ~ was signed within time
this court may on its own motion.
Implement the record by bringing ~
% certified copy Of the final order ad-
iourning the term 81 the triaf court
10 determine the fact"
n was also held in the same case
that lin case ~ n trial by the court 70
lieu ~ Jury ~ Is not necessary that
OBJ motion for new trial should have
been made and overruled in order 90
entitie party 10 apply for a writ ~
error
ln tho case 81 Morgan W Moore o.
ais from the Circuit Court OF Wood
county. the court. through an opinion
by President Williams. held that the
same points OF the eyffaIra ia tho
case ~ the Richie Lumber Company
So. Nufter. in 66 " Va. -. were re-
affirmed and applied
Only exclusive Shell Oyster House