Legal Opinion

Foster v. West Publishing Co.

Supreme Court of Oklahoma

Decided January 27, 1920No. 7466PublishedCited by 15 opinions

Error from County Court, Oklahoma County; John W. Playson, Judge. Action on promissory note by West Publishing Company against Ephriam H. Poster, defendant pleading set-off. -Judgment for plaintiff, and defendant appealed.

1Opinion of the CourtOwen, C. J.

Foster admitted the execution of the note sued on, but pleaded as a set-off a contract alleged to have been entered into by correspondence with the West Pub-lising Co., under the terms of which the parties were to exchange certain law books. The difference arose over some volumes missing from the books shipped by Poster to the publishing company. In a letter dated April 2, 1909, the publishing company made different propositions of settlement, and the question to be determined is whether Foster’s letter, dated April 8, 1909, to the publishing company, amounted to an acceptance of one of the…

2Cases cited5 opinions

  1. Eames v. Home InsuranceSupreme Court of the United States · 1877
  2. Bleecker v. MillerSupreme Court of Oklahoma · 1914
  3. Johnson v. Federal Union Surety Co.Michigan Supreme Court · 1915
  4. Kaw City Mill & Elevator Co. v. Purcell Mill & Elevator Co.Supreme Court of Oklahoma · 1907
  5. Brown v. CairnsSupreme Court of Kansas · 1901

3Cited by15 opinions

  1. Beck v. ShrumMissouri Court of Appeals · 2000
  2. Fry v. FosterSupreme Court of Oklahoma · 1937
  3. Price v. Oklahoma College of Osteopathic Medicine & SurgeryCourt of Civil Appeals of Oklahoma · 1986
  4. Finnin v. Bob Lindsay, Inc.Appellate Court of Illinois · 2006
  5. Pravorne v. McLeodNevada Supreme Court · 1963

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