Sherman v. Sheffield Cast Iron Foundry Company
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; Geo. W. Clark, Judge. Action by the Sheffield Cast Iron & Foundry Company against N. S. Sherman, doing business as N. S. Sherman Machine & Iron Works. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Oklahoma County; Geo. W. Clark, Judge. Action by the Sheffield Cast Iron & Foundry Company against N. S. Sherman, doing business as N. S. Sherman Machine & Iron Works. Judgment for plaintiff, and defendant brings error. This is an action, instituted by the defendant in error, hereinafter designated “plaintiff,” against the plaintiff in error, hereinafter called “defendant,” to recover upon a note and open account in the aggregate of $2,521.79, for iron pipe furnished by the plaintiff to the defendant under an order which is as follows: “Office of N. S. Sherman…
1Opinion of the Court
Opinion by
COLLIER, C.
(after stating the facts as above). The sole question involved in this appeal is: Was there an implied warranty on the part of the plaintiff that the pipe sold was free from defects, discoverable by proper inspection? If there was such implied warranty against defects, discoverable by proper inspection, there being no dispute that there were defects in the pipe, which were discovered after such pipe had been used in the construction of the water system, the law of the case was not properly submitted to the jury. If, on the other hand, there was not such an implied…
2Cases cited5 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Brown v. DavidsonSupreme Court of Oklahoma · 1914
- Brown v. BairdSupreme Court of Oklahoma · 1897
- Stanford v. National Drill & Mfg. Co.Supreme Court of Oklahoma · 1911
- Walrus Mfg. Co. v. McMehenSupreme Court of Oklahoma · 1913
3Cited by4 opinions
- Pacific Commercial Co. v. GreerCalifornia Court of Appeal · 1933
- Nichlos v. Hanbury-Russell Supply Co.Supreme Court of Oklahoma · 1934
- Tulsa Stove & Foundry Co. v. KarchmerSupreme Court of Oklahoma · 1930
- Benjamin Colitz & Co. v. DavisSupreme Court of Oklahoma · 1936