Legal Opinion · Dissent

Wilson v. Moran

Supreme Court of Oklahoma

Decided February 8, 1921No. 10028Published

Error from District Court, Mayes County; Preston S. Davis, Judge. Action by George Moran against James S. Wilson for damages for failure to accept seed under sale contract. Judgment for plaintiff, and defendant brings error.

1DissentElting, J.

The questions involved in this case we regard of sufficient importance to warrant an explanation of the reasons for our dissent.

One of the grounds assigned as error by the plaintiff in error is that the court below committed material error in instructing that the burden of proof was on the defendant below and plaintiff in error in this appeal, under the allegations of his answer. This is an action by the seller for damages for a breach of contract of sale and refusal, by the buyer, to accept goods sold, to wit, something over 4,000 bushels of blue grass seed. This seed was produced by the…

2Cases cited13 opinions

  1. Reed v. . RandallNew York Court of Appeals · 1864
  2. Knapp v. . RocheNew York Court of Appeals · 1884
  3. Quin v. . LloydNew York Court of Appeals · 1869
  4. Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
  5. Snowden v. Waterman & Co.Supreme Court of Georgia · 1898

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