DeBose v. Barker

Norman Barker, as plaintiff, filed this action in the court of common pleas of Tulsa county, Oklahoma, against Oscar DeBose and Chunk DeBose, defendants, seeking a money judgment and foreclosure of a lien. The defendants denied generally the allegations of the petition and alleged an affirmative defense of failure of consideration. On December 15, 1950, after the opening statement of counsel, the trial court rendered judgment for plaintiff on the pleadings and the opening statement of counsel. Thereafter, defendants filed motion for new trial which was overruled on December 29, 1950, at which…