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STATE v. ZAKAIB

No. 13-0181.

752 S.E.2d 586 (2013)

STATE of West Virginia ex rel. U-HAUL CO. OF WEST VIRGINIA, A West Virginia Corporation, Petitioner v. The Honorable Paul ZAKAIB, Jr., Amanda Ferrell, John Stigall, and Misty Evans, Respondents

Supreme Court of Appeals of West Virginia.

Decided November 26, 2013.

Concurring Opinion of Justice Workman December 3, 2013.

Attorney(s) appearing for the Case

Charles M. Love, III, Esq., Ronda L. Harvey, Esq., Floyd E. Boone, Jr., Esq., James E. Scott, Esq., Bowles Rice LLP, Charleston, West Virginia, for the Petitioner.

Anthony J. Majestro, Esq., Powell & Majestro, PLLC, Charleston, West Virginia, James C. Peterson, Esq., Aaron L. Harrah, Esq., Hill, Peterson, Carper, Bee & Deitzler, PLLC, Charleston, West Virginia, for the Respondents.

DAVIS, Justice:

This case involves the common law doctrine of contracts known as "incorporation by reference." The parties entered into an agreement with two writings drafted by the defendant below, U-Haul of West Virginia ("U-Haul"). The first writing was titled "Rental Contract" and was signed by the three plaintiffs. The second writing, which U-Haul attempted to incorporate by reference into the signed Rental Contracts, was titled "Rental Contract Addendum" ("Addendum...

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