Puls v. Hornbeck Et Ux
Supreme Court of Oklahoma
Error from District Court, Kingfisher County; A. H.-Huston, ■Judge. Action by L. Puls against S. T. Hornbeck and wife. Judgment for defendants, and plaintiff brings error. On the 15th day of September, 1906, the plaintiff in error, L. Puls, as plaintiff, commenced this action in the district court of Kingfisher county, Okla.
Read the full summary
Error from District Court, Kingfisher County; A. H.-Huston, ■Judge. Action by L. Puls against S. T. Hornbeck and wife. Judgment for defendants, and plaintiff brings error. On the 15th day of September, 1906, the plaintiff in error, L. Puls, as plaintiff, commenced this action in the district court of Kingfisher county, Okla. T., against the defendants in error S. T. Hornbeck and Emilia Hornbeck, his wife, as defendants, alleging, in substance: That on the 3d day of September, 1906, he entered into a contract with the defendants for the purchase of 35 head of mixed cattle, at the price of…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). In this case the facts are undisputed that the defendant in error S. T. Hornbeck understood that the cattle, which were located above .the quarantine line;, were being purchased hy the plaintiff in error for the purpose of being shipped to the Wichita or St. Joe market. Cattle infected with Texas fever ticks would not be classed as marketable cattle in said markets.
The court instructed the jury:
“(5) When one sells personal property he impliedly warrants that it is merchantable and reasonably suited to the use intended, and that the seller knows of no latent…
2Cases cited5 opinions
- Grayson v. LynchSupreme Court of the United States · 1896
- McAdams v. CatesSupreme Court of Missouri · 1857
- Patee v. AdamsSupreme Court of Kansas · 1887
- Grigsby v. StapletonSupreme Court of Missouri · 1887
- Barron v. AlexanderSupreme Court of Missouri · 1858
3Cited by6 opinions
- Griswold v. MorrisonCalifornia Court of Appeal · 1921
- Humphrey v. BakerSupreme Court of Oklahoma · 1918
- Cherry Bros. Trading Co. v. Rock Island Implement Co.Supreme Court of Oklahoma · 1923
- People's Ice & Fuel Co. v. SeratSupreme Court of Oklahoma · 1915
- Salyer v. Central National BankSupreme Court of Oklahoma · 1957
1 more not listed; retrieve them via the Exa API.