Smith v. Barry

The pivotal question presented for our consideration is whether the trial court had jurisdiction of the cause of action upon which plaintiffs sought to recover a money judgment against the defendant.

Charles B. Barry and Elizabeth Barry, husband and wife, were plaintiffs below and John E. Smith was defendant below, and they will be referred to in the same position as they appeared in the trial court.

The defendant was engaged in the business of building and selling houses in the city of Tulsa, Oklahoma. On September 13, 1947, defendant entered into a contract with plaintiffs to sell them…