Clevenger v. Lewis
Supreme Court of Oklahoma
Okla. T. Error from Probate Court, Canadian County; before J. J. Phelps, Judge. Action by Warren H. Lewis against 0. M. Clevenger. Judgment for plaintiff, and defendant brings error. "On the 1st day of January, 1904, for value received, I prom-plaintiff, commenced this action in the probate court of Canadian county, Oída. T., against 0. M. Clevenger, as defendant.
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Okla. T. Error from Probate Court, Canadian County; before J. J. Phelps, Judge. Action by Warren H. Lewis against 0. M. Clevenger. Judgment for plaintiff, and defendant brings error. "On the 1st day of January, 1904, for value received, I prom-plaintiff, commenced this action in the probate court of Canadian county, Oída. T., against 0. M. Clevenger, as defendant. Said action was based upon a certain promissory note in haec verba-. “$239. 81. . ' Calumet, O. T., Aug. 28th, 1903. “On the 1st day of January, 1904, for value received, I promise to pay C. W. Lewis or order two hundred thirty-nine…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). The note upon which this action is based, containing a- provision for a reasonable attorney’s fee, if collected by suit, is not.negotiable. Randolph v. Hudson, 12 Okla. 517, 74 Pac. 947; Cotton et al. v. Deere Plow Co., 14 Okla. 605, 78 Pac. 331. A sale of property in the vendor’s possession implies a warranty of title. 3 Benjamin on Sales (Corbin’s Ed.) p. 839 and authorities cited under footnote 18; 3 Mechem on Sales, § 1303, and authorities cited under footnote No. 3.
“The warranty of title which is implied is a warranty as to the whole title, and it,…
2Cases cited7 opinions
- Electro-Dynamic Co. v. The ElectronCourt of Appeals for the Second Circuit · 1896
- Cotton v. John Deere Plow Co.Supreme Court of Oklahoma · 1904
- Close v. CrosslandSupreme Court of Minnesota · 1891
- Goodrich v. WilliamsonSupreme Court of Oklahoma · 1901
- Hodges v. . Wilkinson.Supreme Court of North Carolina · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Indiana National Bank v. State Department of Human ServicesSupreme Court of Oklahoma · 1994
- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- Bell v. Riggs Et Ux.Supreme Court of Oklahoma · 1912
- Clowers v. SnowdenSupreme Court of Oklahoma · 1908
- Tupeker v. DeanerSupreme Court of Oklahoma · 1915
17 more not listed; retrieve them via the Exa API.