Legal Opinion

Kerfoot-Bell Co. v. Kerfoot

Supreme Court of Oklahoma

Decided September 26, 1911No. 1115PublishedCited by 10 opinions

Error from District Court, Pottawatomie County; W. N. Maben, Judge. Action by C. W. Kerfoot against the Kerfoot-Bell Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Opinion by

AMES, C.

This is an action brought by the defendant in error against the plaintiff in error to recover for breach of contract and for money had and received. The case was commenced on the 24th day of January, 1905, and was therefore pending upon the creation of the state. It was tried to a jury after the adoption of the Constitution, and at the trial the court instructed the jury that it might return a verdict with the concurrence of only nine of its members. A verdict was returned by 11 of the jurors, and exception saved by the plaintiff .in error.

Under the'decision of this court in…

2Cases cited1 opinion

  1. Pacific Mutual Life Ins. Co. v. AdamsSupreme Court of Oklahoma · 1910

3Cited by10 opinions

  1. Spurrier Lumber Co. v. DodsonSupreme Court of Oklahoma · 1911
  2. Metropolitan Ry. Co. v. FonvilleSupreme Court of Oklahoma · 1912
  3. Taby v. McMurraySupreme Court of Oklahoma · 1912
  4. Border v. CarrabineSupreme Court of Oklahoma · 1912
  5. Van Arsdale-Osborne Brokerage Co. v. PattersonSupreme Court of Oklahoma · 1911

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