Ryndak v. Seawell
Supreme Court of Oklahoma
Error from the District Court of Kiowa County; before John H'. Burford, ■Trial Judge. STATEMENT OE EACTS. William Matkin, a contractor and builder of Hobart, Kiowa county, entered into a contract with .Felix J. Eyndak to construct for him a frame building. ' Wiley P. Seawell, a lumber dealer, having'.knowledge of the contract between Matkin and Eyndak, and with the view that the lumber was to be used in the building of Eyn-dak to be constructed by Matkin, contracted with…
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Error from the District Court of Kiowa County; before John H'. Burford, ■Trial Judge. STATEMENT OE EACTS. William Matkin, a contractor and builder of Hobart, Kiowa county, entered into a contract with .Felix J. Eyndak to construct for him a frame building. ' Wiley P. Seawell, a lumber dealer, having'.knowledge of the contract between Matkin and Eyndak, and with the view that the lumber was to be used in the building of Eyn-dak to be constructed by Matkin, contracted with Matkin to furnish the material therefor. A large portion of the material necessary was furnished under such contract, and…
1Opinion of the Court
Opinion of the court by
PANCOAST, J.:
Numerous objections were made in the court below, both to the sufficiency of the pleadings and to the introduction of evidence. All contentions, however, are abandoned in this court, save three; the first of which is that the demurrer to the petition of plaintiff below should have been sustained, because there was no allegation in the petition that the material sold and for which claim was made, was used in the construction of the building upon which the lien was claimed; second, that as to the material claimed to have been sold the contractor Matkin, the…
2Cases cited2 opinions
- Mulhall v. MulhallSupreme Court of Oklahoma · 1895
- Springfield Boiler & Manufacturing Co. v. BestSupreme Court of Kansas · 1901
3Cited by27 opinions
- Title Guaranty & Surety Co. v. SlinkerSupreme Court of Oklahoma · 1912
- Welling v. American Roofing & Sheet Metal Co.Supreme Court of Oklahoma · 1980
- In Re Wah-Kon-Tah-He-Um-Pah's EstateSupreme Court of Oklahoma · 1924
- C. E. Sharp Lumber Co. v. Kansas Ice Co.Supreme Court of Oklahoma · 1914
- Homeland Realty Co. v. RobisonSupreme Court of Oklahoma · 1913
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