Legal Opinion

Bishop-Babcock-Becker Co. v. Hyde

Supreme Court of Oklahoma

Decided November 14, 1916No. 8005PublishedCited by 7 opinions

Error from Superior Court, Muskogee county; H. C. Thurman, Judge. Action by I-Iomer C. Hyde against the Bishop-Babcock-Becker Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Opinion by

BURFORD, C.

Homer C. Hyde brought this action for damages for breach of warranty in the sale of a soda fountain. The defendant named in the title of the petition was “Bishop-Babcock-Becker Company, a corporation.” The material allegations of the petition here in question were that:

“The defendant is a corporation duly incorporated under and by virtue of the laws of the state of Texas, that defendant is successor to the said L. A. Becker Company, accepting all liabilities of the said L. A. Becker Company.”

The purchase of the fountain from L. A. Becker, the execution of the contract of…

2Cases cited8 opinions

  1. Barry v. FoylesSupreme Court of the United States · 1828
  2. Winter v. Union Packing Co.Oregon Supreme Court · 1908
  3. City Nat. Bank v. SparksSupreme Court of Oklahoma · 1915
  4. Fowler v. FowlerSupreme Court of Oklahoma · 1905
  5. McCord-collins Mercantile Co. v. DodsonSupreme Court of Oklahoma · 1912

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3Cited by7 opinions

  1. Oklahoma Railway Co. v. City of GuthrieSupreme Court of Oklahoma · 1935
  2. Griswold v. TarbellCourt of Appeals of Texas · 1922
  3. J. F. Smith, Inc. v. SextonSupreme Court of Oklahoma · 1941
  4. Yakima Valley Bank v. Wood & Co.Supreme Court of Oklahoma · 1925
  5. Bell Oil & Gas Co. v. Freedom Oil Works Co.District Court, E.D. Oklahoma · 1924

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