Z. J. Fort Produce Co. v. Southwestern Grain & Produce Co.
Supreme Court of Oklahoma
Error from District Court, Kay County; W. M. Bowles, Judge. Action by the Southwestern Grain & Produce Company, a partnership, against the Z. ,T. Fort Produce Company. Judgment for plaintiffs, and defendant brings error. This action was begun in the lower. court by defendants in error, who, for brevity and convenience, will be called “plaintiffs,” against plaintiff in error, who will hereafter be called “defendant.”
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Error from District Court, Kay County; W. M. Bowles, Judge. Action by the Southwestern Grain & Produce Company, a partnership, against the Z. ,T. Fort Produce Company. Judgment for plaintiffs, and defendant brings error. This action was begun in the lower. court by defendants in error, who, for brevity and convenience, will be called “plaintiffs,” against plaintiff in error, who will hereafter be called “defendant.” The original petition was filed on December 18, 1905. In it plaintiffs allege that defendant is indebted to them in the sum of $180.78 for damages on a car of potatoes which…
1Opinion of the CourtHayes, J.
(after stating the facts as above). Only two questions need to be considered in order to dispose of all specifications of error; First, does the second amended petition so substantially change plaintiffs’ claim from that set up in the original and the first amended petitions that defendant’s motion to strike and dismiss should have been sustained? Second, is the cause of action set up in .the second amended petition barred by the statute of limitation ? '
Section 5679 of the Compiled Laws of Oklahoma of 1909 provided that:
“The court may, before or after judgment, in furtherance of justice,-…
2Cases cited7 opinions
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