Legal Opinion · Concurrence

Wilson v. Moran

Supreme Court of Oklahoma

Decided February 8, 1921No. 10028Published

Error from District Court, Mayes County; Preston S. Davis, Judge. Action by George Moran against James S. Wilson for damages for failure to accept seed under sale contract. Judgment for plaintiff, and defendant brings error.

1ConcurrenceMiller, J.

I concur in the opinion written by Mr. Justice Johnson for the following reasons:

The defendant in his answer made a general denial except as to such allegations as “are hereinafter specifically admitted.” The answer then states:

“The defendant for further answer states that before and at the time the defendant and plaintiff undertook to enter into the verbal agreement for the sale of said blue grass seed by the plaintiff to the defendant at 90 cents per bushel, the said seed was (with the exception of 400 or 500 bushels hereinafter mentioned) stored in bulk in a section of plaintiff’s…

2Cases cited8 opinions

  1. Baughman v. BaughmanSupreme Court of Kansas · 1884
  2. Ogden Valley Trout & Resort Co. v. LewisUtah Supreme Court · 1912
  3. Hall v. Elgin Dairy Co.Washington Supreme Court · 1896
  4. Abbott v. MayfieldCourt of Appeals of Kansas · 1899
  5. Fairbanks v. IrwinSupreme Court of Colorado · 1890

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