West Virginia Supreme Court June 6, 1978, 13731 (John W. Lodge Distributing Co. v. Texaco, Inc.)

McGraw, Justice:

On December 1, 1963, John W. Lodge Distributing Company, Inc., a corporation, entered into a written consignment agreement with Texaco, Inc., a corporation, whereby Lodge would act as a distributor of Texaco’s petroleum products. Pertinent to this case is the eighth section of this written agreement which reads:

1.