Shipley v. Bankers Life and Casualty Company

BERRY, Justice.

The parties who occupy the same relative position here as in the trial court, will be referred to herein as they appeared in the trial court.

In so far as material, plaintiff pleaded in his second amended petition that on June 1, 1954, defendant owned and thereafter owned certain described property in Ok-*572mulgee, Oklahoma, which was used and continued to he used for hotel apartment purposes; that on the mentioned date, defendant entered into' a contract in writing by the terms of which it agreed to sell to Heavener Hotel, Inc., hereafter referred to as “Heavener”, the property…