Huster v. Newkirk Creamery & Ice Co.
Supreme Court of Oklahoma
Error from District Court, Kay County; W. M. Bowles, Judge. Action by the Newkirk Creamery & Ice Company against Fred Huster. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Kay County; W. M. Bowles, Judge. Action by the Newkirk Creamery & Ice Company against Fred Huster. Judgment for plaintiff, and defendant brings error. A representative of the Chicago Building & Manufacturing ’Company solicited subscriptions for the purpose of raising $15,-"000 to establish a creamery and ice factory at Newkirk, Okla.; •'attached to said subscription list were the plans and specifications and an agreement between the promoter and subscribers, stipulating that, after said sum was subscribed, the subscribers would be called together to elect a…
1Opinion of the Court
Opinion by
RITTENITOUSE, C.
(after stating the facts as above). The defendant admits in his answer the execution of the subscription contract, and that he had not paid the amount of his subscription, for the reason that he, had an oral contract with the promoter whereby the promoter would resell his subscription for the amount for which he had subscribed, and that liis liability would thereby cease. In Chicago Bldg. & Mfg. Co. v. Lyon, 10 Okla. 704, 64 Pac. 6, the court says:
“And it is said in Beach on Private Corporations, sec. 531, that ‘parol evidence is not admissible to vary the terms of a…
2Cases cited8 opinions
- The Steamboat Clipper v. LoganOhio Supreme Court · 1849
- Jewell v. Rock River Paper Co.Illinois Supreme Court · 1881
- Haskell v. SellsMissouri Court of Appeals · 1883
- Mississippi, Ouachita & Red River R. R. v. CrossSupreme Court of Arkansas · 1859
- Hammett v. Little Rock & Napoleon RailroadSupreme Court of Arkansas · 1859
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- Shaw v. HuttonSupreme Court of Oklahoma · 1919
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