Legal Opinion

Collins Cotton Co. v. Wooten-Burton Sales Co.

Supreme Court of Oklahoma

Decided March 22, 1921No. 9897PublishedCited by 8 opinions

Error from District Court, Grady County; Will Linn, Judge. Action by the Wooten-Burton Sales Company, a copartnership composed of R. K. Wooten and E. G. Burton, against the Collins Cotton Company, a copartnership composed of E. R. Collins and Robert W. Henderson, and against the partners individually, for damages for breach of warranty in sale of cotton. Judgment for plaintiff, and defendants bring error.

1Opinion of the CourtKane, J.

This was an action for the recovery of damages for the breach of an implied warranty, commenced by the defendant in error, plaintiff below, against the plaintiffs in error, defendants below. For convenience, the parties will be designated “plaintiff” and “defendants”, respectively, as they appeared .in the trial court. Upon trial to a jury there was a verdict for the plaintiff, upon which judgment was duly entered, to reverse which this proceeding in error was -commenced.-

The petition alleges in substance that the plaintiff purchased from the defendants by sample 74 bales of low grade cotton;…

2Cases cited2 opinions

  1. Barnard v. KelloggSupreme Court of the United States · 1871
  2. Harrill v. ParkinsonSupreme Court of Oklahoma · 1910

3Cited by8 opinions

  1. St. Louis-San Francisco Ry. Co. v. RundellSupreme Court of Oklahoma · 1925
  2. St. Louis-S. F. Ry. Co. v. RussellSupreme Court of Oklahoma · 1928
  3. Kansas, O. & G. Ry. Co. v. ClarkSupreme Court of Oklahoma · 1953
  4. Atchison, T. & S. F. Ry. Co. v. HowardSupreme Court of Oklahoma · 1939
  5. Pauls Valley Milling Co. v. GabbertSupreme Court of Oklahoma · 1938

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