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Peerless Packing Co. v. Malone & Hyde, Inc.
Citation:
376 S.E.2d 161 (W. Va. 1988)Facts
Appellants are twelve companies that supply wholesale products to grocery stores. Appellee is also a wholesaler of grocery products. John Kizer was appellee’s co-defendant. Kizer negotiated an agreement with appellee to purchase the business. Under this agreement, Kizer provided $50,000 for working capital that went into the purchase of inventory. Kizer opened the store. Many of the goods were supplied by the twelve appellant companies. By March 1983, appellee’s store was not successful. Kizer then signed a document presented by appellee called a Notice of Default and Transfer of Possession Agreement. This transferred all of Kizer’s rights in the store, equipment and inventory to appellee. Appellee assumed ownership of the store and began operating it with Kizer as manager. Appellants each sued Kizer for the unpaid accounts and also sued appellee on a theory of unjust enrichment.
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