Stark v. Duvall
Supreme Court of Oklahoma
jError from the District Court of Logan County, before Frank Dale, District Judge. STATEMENT OP PACTS. Action by O. H. Duvall against Rachel A. Wright and another to foreclose a mortgage, in which 0. M. Stark and others, partners as Stark Bros., intervened. There was a judgment against them, and interveners bring error.
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jError from the District Court of Logan County, before Frank Dale, District Judge. STATEMENT OP PACTS. Action by O. H. Duvall against Rachel A. Wright and another to foreclose a mortgage, in which 0. M. Stark and others, partners as Stark Bros., intervened. There was a judgment against them, and interveners bring error. The admitted facts in this case are that one Frieze made a homestead entry upon a quarter section of land in the land office at Guthrie, on October 29, 1889.' On October 21, 1891, he and his wife entered into a written contract, styled an “indenture,” which was duly signed and…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The question to consider is whether the intervening petition made out a case upon which the plaintiffs in error are entitled to recover, and whether at the time of the institution of their suit they were entitled to this remedy. Upon the latter proposition there can be no doubt, since it is well established that when one of the parties, before the time of the performance arrives under a contract, makes it impossible that he shall perform his promise, the other party may treat the contract as broken, and bring an action immediately. (Lawson, Cont. sec. 441;…
2Cases cited9 opinions
- Wolf v. MarshCalifornia Supreme Court · 1880
- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
- Orr v. StewartCalifornia Supreme Court · 1885
- Hawley v. . KeelerNew York Court of Appeals · 1873
- Spiess v. NeubergWisconsin Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brady v. OliverTennessee Supreme Court · 1911
- Weber v. LaidlerWashington Supreme Court · 1901
- Bashore v. AdolfIdaho Supreme Court · 1925
- Engelbrecht v. HerringtonSupreme Court of Kansas · 1917
- Adam v. McClintockNorth Dakota Supreme Court · 1911
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