Legal Opinion

Rosebaugh v. Jacobs

Supreme Court of Oklahoma

Decided April 12, 1921No. 10033PublishedCited by 8 opinions

Error from District Court, Lincoln County; Chas. B. Wilson, Jr., Judge. Action by K. Jacobs against William.M. Rosebaugh and wife to rescind contract for sale of land. Judgment for plaintiff, and defendants bring error.

1Opinion of the CourtMcNEILL, J.

This action was commenced in the district court of Lincoln county by K. Jacobs to rescind a written contract to sell 160 acres of land to Rosebaugh and wife, and as ground for cancellation of said contract it is alleged that Rosebaugh ana wife had failed to comply with the terms of the contract and made default therein, and that the plaintiff had elected to rescind.

The defendants filed an answer, contending that the plaintiff had brought a former action and had elected to affirm the contract and was estopped from rescinding the contract. The defendants filea an amendment to the amended answer…

2Cases cited6 opinions

  1. Covington v. FisherSupreme Court of Oklahoma · 1908
  2. Voris v. RobbinsSupreme Court of Oklahoma · 1915
  3. Worley, Receiver v. CarterSupreme Court of Oklahoma · 1912
  4. Clowers v. SnowdenSupreme Court of Oklahoma · 1908
  5. Hall v. RussellSupreme Court of Oklahoma · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
  2. Taylor v. CampbellSupreme Court of Oklahoma · 1929
  3. First Nat. Bank of Ada v. ElamSupreme Court of Oklahoma · 1927
  4. Thompson v. KiesterSupreme Court of Oklahoma · 1930
  5. Small v. ComerSupreme Court of Oklahoma · 1935

3 more not listed; retrieve them via the Exa API.

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