Ten Cate v. Sharp
Supreme Court of Oklahoma
Error from the District Court of Noble County; before-A. C. C. Bierer, District Judge. STATEMENT OE THE CASE. This action was begun by Ten Cate, who filed his petition below, on June 19, 1897, against M. E. Sharp and J. P. Valentine, alleging that in April of that year the plaintiff purchased from Valentine a number of hogs for the total consideration of $519, and thereupon executed his promissory note, payable to the order of Sharp, for the said sum and interest; that the…
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Error from the District Court of Noble County; before-A. C. C. Bierer, District Judge. STATEMENT OE THE CASE. This action was begun by Ten Cate, who filed his petition below, on June 19, 1897, against M. E. Sharp and J. P. Valentine, alleging that in April of that year the plaintiff purchased from Valentine a number of hogs for the total consideration of $519, and thereupon executed his promissory note, payable to the order of Sharp, for the said sum and interest; that the note was negotiable,' and. held by Sharp; that at the time of the purchase of the hogs they were warranted by Valentine…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
It appeared in the testimony produced in the case, from the deposition of J. P. Valentine, that, upon making the contract with Ten Gate for the sale of the hogs, he “informed Ten Cate that there was a ■.stranger in the town [of Perry] called Sharp, who had money to invest, and had agreed to buy his [Ten Cate’s] note. I also told Ten Cate that Sharp was a stranger to me, and I at no time represented to Ten Cate that Sharp had any interest whatever in the hogs, but I did tell' Ten Cate that all that Sharp, had to do with the matter was to get the interest on…
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