Legal Opinion

Minnetonka Oil Co. v. Cleveland Vitrified Brick Co.

Supreme Court of Oklahoma

Decided September 13, 1910No. 2212PublishedCited by 35 opinions

Error from District' Court, Pawnee County; Bayard T. Rainer, Judge. Action by the Cleveland Vitrified Brick Company against the Minnetonka Oil Company. Judgment for plaintiff, and defendant brings error. On question of equitable jurisdiction: Xenia Beal Estate Co. v. Macy (Ind.) 47 N. E. 147; School Dist. v. Ohio Gas. Co. (Pa.) 25 Atl. 868; Graves v. Gas. Co. (Iowa) 50 N. W. 283; Williams v. Neely, 134 Eed. 1. On assignability of contract: Am.

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Error from District' Court, Pawnee County; Bayard T. Rainer, Judge. Action by the Cleveland Vitrified Brick Company against the Minnetonka Oil Company. Judgment for plaintiff, and defendant brings error. On question of equitable jurisdiction: Xenia Beal Estate Co. v. Macy (Ind.) 47 N. E. 147; School Dist. v. Ohio Gas. Co. (Pa.) 25 Atl. 868; Graves v. Gas. Co. (Iowa) 50 N. W. 283; Williams v. Neely, 134 Eed. 1. On assignability of contract: Am. Bonding & Trust Co. v. Railroad Co., 124 Eed. 866; Edmonds v. Railroad Co., 80 Eed. 78; Horst v. Roehm, 84 Eed. 565; Larne v. Goezinger (Cal.), 24 Pac.…

1Opinion of the CourtWilliams, J.

The following questions are raised by the plaintiff in error in this case: (1) That injunction is not the proper remedy; (2) that the parties executing the contract on the part of the plaintiff in error, a corporation, did not act within the scope of their authority; (3) that the contract had not been complied with by the Hammar Brick Company before the same was assigned to the defendant in error; (4) that the contract was not assignable.

1. The aid of equity may be invoked to stay a wrong, when relief at law would occasion a multiplicity of suits. In Johnson et al. v. Swanke, 128 Wis. 68, 107…

2Cases cited21 opinions

  1. Railway Co. v. McCarthySupreme Court of the United States · 1878
  2. Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
  3. Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
  4. Glenn v. MarburySupreme Court of the United States · 1892
  5. Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892

16 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. United States v. L. C. ChapmanCourt of Appeals for the Tenth Circuit · 1960
  2. Mussellem v. Magnolia Petroleum Co.Supreme Court of Oklahoma · 1924
  3. In Re KaufmanSupreme Court of Oklahoma · 2001
  4. Momand v. Twentieth-Century Fox Film CorporationDistrict Court, W.D. Oklahoma · 1941
  5. Chas. T. Derr Construction Co. v. GelruthSupreme Court of Oklahoma · 1911

30 more not listed; retrieve them via the Exa API.

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