W. Va. Code » §46-2-101. Short title.
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W. Va. Code § 46-2-101 (2026)

Short title

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ARTICLE 2. SALES.

Part 1. short title, general construction and subject matter

§46-2-101. Short title.

This article shall be known and may be cited as Uniform Commercial Code -- Sales.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1974–2021 · leading case: Hawkins v. Ford Motor Co., 566 S.E.2d 624 (W. Va. 2002).
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Hawkins v. Ford Motor Co., 566 S.E.2d 624 (W. Va. 2002). · cites it 12× “Wells to collect the deficiency. Mr. Wells filed "a third-party complaint against Toyota, Mid-Atlantic, and the defendant, seeking cancellation of the contract of sale and damages for breach of express and implied warranties under the Uniform Commercial Code (UCC), W.”
State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc., 461 S.E.2d 516 (W. Va. 1995). “: “(1) Notwithstanding any term or agreement to the contrary or the provisions of article two [§ 46-2-101 et seq.], chapter forty-six of this code or section two hundred six [§ 46-9-206], article nine of said chapter forty-six, an assignee of any such instrument, contract or…”
City Nat. Bank of Charleston v. Wells, 384 S.E.2d 374 (W. Va. 1989). · cites it 2× “The plaintiff responded by filing a third-party complaint against Toyota, Mid-Atlantic, and the defendant, seeking cancellation of the contract of sale and damages for breach of express and implied warranties under the Uniform Commercial *768 Code (UCC), W.Va.Code, 46-2-101, et…”
Pinnacle Mining Co. of N. West Virginia v. Duncan Aircraft Sales of Florida, Inc., 387 S.E.2d 542 (W. Va. 1989). · cites it 2× “Moreover, under the sales portion of the Uniform Commercial Code (UCC), W.Va.Code, 46-2-101, et seq., there is no requirement that the seller have title to the goods 3 at the time the contract is executed.”
Elkins Manor Assocs. v. Eleanor Concrete Works, Inc., 396 S.E.2d 463 (W. Va. 1990). · cites it 2× “The reasoning often used, which may not be entirely satisfying, begins by pointing out that the sales portion of the UCC, W.Va.Code, 46-2-101, et seq., deals with the sale of goods.”
Anderson v. Chrysler Corp., 403 S.E.2d 189 (W. Va. 1991). “Indeed, a plain reading of this sentence would result in the conclusion that the type of repairs that are excluded from the express warranty to repair or replace defective parts are those resulting from independent causes other than the defective part, i.e., failure to properly…”
H.O. Anderson, Inc. v. Rose, 352 S.E.2d 541 (W. Va. 1987). · cites it 2× “The provisions concerning sales are found in Code §§ 46-2-101 to 46-2-725. [13] In Ashland Oil, Inc.”
Davis v. Dils Motor Co., 566 F. Supp. 1360 (S.D.W. Va 1983). “Code, § 46A-6-107, which voids a merchant’s attempt to waive the implied warranties of merchantability and fitness, are inapposite. 17 . See, Official Comment to W.”
One Valley Bank of Oak Hill, Inc. v. Bolen, 425 S.E.2d 829 (W. Va. 1992). “: Notwithstanding any term or agreement to the contrary or the provisions of article two [§ 46-2-101 et seq.], chapter forty-six of this code or section two hundred six [§ 46-9-206], article nine, of said chapter forty-six, an assignee of any such instrument, contract or other…”
Bank of Chapmanville v. Workman, 406 S.E.2d 58 (W. Va. 1991). “Any sale of goods is subject to the article on sales (article 2) [§ 46-2-101 et seq.]. The proceeds of disposition shall be applied in the order following to (a) the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and, to the…”
Chrysler Credit Corp. v. Copley, 428 S.E.2d 313 (W. Va. 1993). “Code, 46A-2-102(l) (1990), is: "Notwithstanding any term or agreement to the contrary or the provisions of article two [§ 46-2-101 et seq.], chapter forty-six of this code or section two hundred six [§ 46-9-206], article nine of said chapter forty-six, an as-signee of any such…”
Cook v. Lilly, 208 S.E.2d 784 (W. Va. 1974). “Code, 46-9-504 (1963) provides in pertinent part: “(1) A secured party after default may sell, lease or otherwise dispose of any or all of the collateral in its then condition or following any commercially reasonable preparation or processing.”
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