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Contracts Keyed to Ayres
Machinery Hauling, Inc. v. Steel of West Virginia
Citation:
181 W. Va. 694Facts
Plaintiff contracted with defendant to purchase steel and have it delivered to a third party. Defendant informed the plaintiff that the steel was not sellable and that the third party had rejected that steel. The third party directed the plaintiff to return the last undelivered loads of steel to the defendant. The defendant’s agent told the plaintiff that if they did not pay $31,000 for the price of the undelivered loads, they would stop doing business with the plaintiff, resulting in great monetary loss for the plaintiff.
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