Legal Opinion
Howell v. James
Supreme Court of Oklahoma
Decided May 22, 1991No. 70373PublishedCited by 25 opinions
1Opinion of the Court
SUMMERS, Justice:
We granted certiorari to review the unpublished opinion of the Court of Appeals which in effect and result upheld the common law doctrine of election of remedies. Because we find this doctrine to be severely limited by the Oklahoma Pleading Code, 12 O.S.Supp.1984 § 2008(E)(2), we reverse and remand this case to the trial court for further proceedings.
I. FACTS
On July 31, 1984, Howell, as seller, entered into a contract with James, as buyer, for the sale of several oil and gas leases and equipment. The parties agreed to formalize the terms of the contract at a later time.…
2Cases cited16 opinions
- Peters v. BainSupreme Court of the United States · 1890
- First City Bank, N.A., a National Banking Association v. Air Capitol Aircraft Sales, Inc., a Kansas Corporation, and Gary R. Morgan, an IndividualCourt of Appeals for the First Circuit · 1987
- Fort Vancouver Plywood Company v. The United StatesCourt of Appeals for the Federal Circuit · 1988
- Fleming v. Baptist General ConventionSupreme Court of Oklahoma · 1987
- Brookhaven Landscape & Grading Co., Inc. v. J. F. Barton Contracting Company and United States Fidelity and Guaranty Co.Court of Appeals for the Eleventh Circuit · 1982
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Marshall Huffman Virginia Newton v. Saul Holdings Limited Partnership, a Maryland Limited PartnershipCourt of Appeals for the Tenth Circuit · 1999
- Indiana National Bank v. State Department of Human ServicesSupreme Court of Oklahoma · 1994
- Specialty Beverages, L.L.C v. Pabst Brewing Co.Court of Appeals for the Tenth Circuit · 2008
- Finnell v. SeismicSupreme Court of Oklahoma · 2003
- FARLEY v. CITY OF CLAREMORESupreme Court of Oklahoma · 2020
20 more not listed; retrieve them via the Exa API.