Sutherland v. Taintor
Supreme Court of Oklahoma
Error from the District ■ Court of Beaver County; before J. L. Pancoast, Trial Judge. STATEMENT OF FACTS. ■This was an action brought in the district court of Bekver county by the defendant in error, Ered Taintor, plaintiff in the court below, against Robert A. Reiser, Ernest R. Wood, and the Stockgrowers National Bank of Ashland, Kansas.
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Error from the District ■ Court of Beaver County; before J. L. Pancoast, Trial Judge. STATEMENT OF FACTS. ■This was an action brought in the district court of Bekver county by the defendant in error, Ered Taintor, plaintiff in the court below, against Robert A. Reiser, Ernest R. Wood, and the Stockgrowers National Bank of Ashland, Kansas. The action was for specific performance, based on an oral contract alleged to have been made between Fred Taintor and R. A. Reiser on or about the 4th day of May, 1901, the consideration being $361.25. That immediately thereafter the defendant in error, the…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
It is contended by plaintiff in error that the parol contract which was made the basis of this action was void, and non-enforceable under the statutes of Okla homa, and this is the only question relied upon for a reversal of the cause. This contention cannot be sustained.
The plaintiff in the court below did not rely solely upon the contract, but based his contention upon the ground that the contract was fully executed by the plaintiff, in this, that the consideration was paid, and that the plaintiff was put iu possession of the premises, and immediately…
2Cases cited1 opinion
- Halsell v. RenfrowSupreme Court of Oklahoma · 1904
3Cited by9 opinions
- Woodworth v. FranklinSupreme Court of Oklahoma · 1921
- Adams v. WhiteSupreme Court of Oklahoma · 1913
- Levy v. YarbroughSupreme Court of Oklahoma · 1913
- Boese v. ChildressSupreme Court of Oklahoma · 1921
- Collins v. LackeySupreme Court of Oklahoma · 1912
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