Whipps v. Kling Bros. & Co.

This matter was before tills court once before in the case of Kling Brothers & Co. v. Whipps et al. (1928) 132 Okla. 253, 270 P. 79, wherein Kling Brothers sued the defendants for $1,922.34 for merchandise furnished on open account. Having recovered judgment for only $747.27, the plaintiff appealed to this court, and the cause was reversed and remanded for new trial because of plaintiff’s failure to move for a directed verdict.

The present action was begun in 1929 upon the plaintiff’s original petition. Upon motion, the defendant withdrew its original answer and filed a substitute in which the…