West Virginia Code § 46-2A-304

Subsequent lease of goods by lessor
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(1) Subject to section 2A-303, a subsequent lessee from a lessor of goods under an existing
lease contract obtains, to the extent of the leasehold interest transferred, the leasehold
interest in the goods that the lessor had or had power to transfer, and except as provided in
subsection (2) and section 2A-527(4), takes subject to the existing lease contract. A lessor
with voidable title has power to transfer a good leasehold interest to a goode faith subsequent
lessee for value, but only to the extent set forth in the preceding sentence. If goods have
been delivered under a transaction of purchase, the lessor has that powrer even though:
(a) The lessor's transferor was deceived as to the identity of the ulessor;
(b) The delivery was in exchange for a check which is later dishonored;
(c) It was agreed that the transaction was to be a "casha sale"; or
(d) The delivery was procured through fraud punishlable as larcenous under the criminal law.
(2) A subsequent lessee in the ordinary course of business from a lessor who is a merchant
dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that
lessor before the interest of the subsequent lessee became enforceable against that lessor
obtains, to the extent of the leasehold interest transferred, all of that lessor's and the
existing lessee's rights to the goods, and takes free of the existing lease contract.
(3) A subsequent lessee from the lessor of goods that are subject to an existing lease
contract and are covered by a certificate of title issued under a statute of this state or of
another jurisdiction takes no greater rights than those provided both by this section and by
the certificate of title statute.

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