Limerick v. Lee
Supreme Court of Oklahoma
Error from the Probate Court x>f Oklahoma Countyj before William P. Harper, Probate Judge STATEMENT 'OE EACTS. The original petition of plaintiff below substantially alleges that on or about the 1st day of June 1901, T. H. Harvey, pursuant to contract, was building a dwelling house in Maywood Addition to Oklahoma City for the defendant, G-. W. Limerick, and that the plaintiff entered into a contract with Harvey to furnish material and labor to paint and paper the house for…
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Error from the Probate Court x>f Oklahoma Countyj before William P. Harper, Probate Judge STATEMENT 'OE EACTS. The original petition of plaintiff below substantially alleges that on or about the 1st day of June 1901, T. H. Harvey, pursuant to contract, was building a dwelling house in Maywood Addition to Oklahoma City for the defendant, G-. W. Limerick, and that the plaintiff entered into a contract with Harvey to furnish material and labor to paint and paper the house for $335.00, and that under that contract he performed five dollars ($5.00) worth of work, and that on or about June 25th,…
1Opinion of the Court
Opinion of the court by
Garber, J.:
The plaintiff in error complains: First: that suit was filed on a contract in entirety, and that the petition was amended and judgment prayed for a smaller amount on quantum, meruit. By the strict rules of the common law, full performance was required as a condition precedent to the right of recovery; but, the rigor of this rule has been relaxed in many jurisdictions, and the trend of modern decisions is to administer equitable relief rather than to hold the parties to the very letter of their agreement. In this case, however, the plaintiff below pleaded as…
2Cases cited10 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- Solomon Railroad v. JonesSupreme Court of Kansas · 1883
- Duncan v. BakerSupreme Court of Arkansas · 1878
- McClay v. HedgeSupreme Court of Iowa · 1864
- Menk v. Home InsuranceCalifornia Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alcorn v. DennisSupreme Court of Oklahoma · 1909
- Kingfisher Mill & Elev. Co. v. WestbrookSupreme Court of Oklahoma · 1920
- Elwood Oil & Gas Co. v. McCoySupreme Court of Oklahoma · 1919
- Davidson v. GaskillSupreme Court of Oklahoma · 1912
- First National Bank v. DuncanSupreme Court of Kansas · 1909
9 more not listed; retrieve them via the Exa API.