180 W. Va. 607 - Kesner v. Lancaster’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““W.Va.Code, 46-2-608, requires several conditions to be met before a buyer may revoke his acceptance of goods for nonconformity to a contract of sale: (1) the nonconformity must have substantially impaired the value of the goods to the buyer; (2) the goods must have been accepted on the reasonable assumption that the nonconformity would be cured, and it was not, or accepted without discovery of the nonconformity, either because of the difficulty of discovery or because of the seller’s assurances; (3) the revocation must have occurred within a reasonable time after discovery of the defect and before any substantial change in the condition of the goods; and (4) the revocation is not effective until the buyer has notified the seller. A buyer making a revocation after acceptance on these terms has the same rights and duties under the Uniform Commercial Code as one who had rejected the goods originally.” 3”

   1 later decision quote this exact passage
   e.g. 181 W. Va. 763 - City Nat. Bank of Charleston v. Wells

2. “"(1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it “(a) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or "(b) without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller’s assurances. “(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it. "(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them."”

   1 later decision quote this exact passage
   e.g. 181 W. Va. 763 - City Nat. Bank of Charleston v. Wells

3. “"[t]his right to cure is not the absolute right to cure given to the seller under W. Va.Code, 46-2-508, when the buyer initially rejects the goods. Instead, W. Va. Code, 46-2-608(l)(a), affords the buyer an opportunity to explain why he accepted nonconforming goods, ordinarily an absolute bar to subsequent revocation under W.Va.Code, 46-2-607(2): ‘Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked ... unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured[.]’ See 1 J. White & R. Summers, supra, at 419.””

   1 later decision quote this exact passage
   e.g. 181 W. Va. 763 - City Nat. Bank of Charleston v. Wells