Standard Lumber Co. v. Miller & Vidor Lumber Co.
Supreme Court of Oklahoma
Error from Probate Court, Oklahoma County; W. P. Harper,Judge. Action by the Miller & Yidor Lumber Company against the Standard Lumber Company. Judgment for plaintiff, and defendant brings error. This action was instituted in the probate court oí Oklahoma county, Oída.
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Error from Probate Court, Oklahoma County; W. P. Harper,Judge. Action by the Miller & Yidor Lumber Company against the Standard Lumber Company. Judgment for plaintiff, and defendant brings error. This action was instituted in the probate court oí Oklahoma county, Oída. T., by the defendant in error, as plaintiff, on the 14th day of July, A. D. 1905, against the plaintiff in error, as defendant, and reference will hereinafter be made to said parties as they appeared in the court below. Plaintiff in its petition alleges that during the months of February and March, 1905, it, at the special…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). This cause having been tried by the court without the intervention of a jury, wherever there was a conflict as to the facts proved, the determination of the trial court thereon will be conclusive here.
The first question arising is whether or not in the contract between plaintiff and defendant as to the delivery of the lumber by a specified date time was of the essence thereof. Section 809, Wilson’s Bev & Ann. St. 1903, reads as follows: "Time is never considered as of the essence of a contract, unless by its terms expressly so provided.” In the case of…
2Cases cited7 opinions
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Fargusson v. TalcottNorth Dakota Supreme Court · 1897
- Longworth v. TaylorU.S. Circuit Court for the District of Ohio · 1838
- Murdock v. JonesAppellate Division of the Supreme Court of the State of New York · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
- Wiebener v. PeoplesSupreme Court of Oklahoma · 1914
- Rogers v. BrummettSupreme Court of Oklahoma · 1923
- Sunshine Cloak & Suit Co. v. Roquette Bros.North Dakota Supreme Court · 1915
- Shenners v. AdamsSupreme Court of Oklahoma · 1915
15 more not listed; retrieve them via the Exa API.