Legal Opinion
Birch v. Keen
Supreme Court of Oklahoma
Decided January 21, 1969No. 41785PublishedCited by 9 opinions
1Opinion of the Court
LAVENDER, Justice:
This appeal involves an attempt to avoid a general release of all claims executed by the plaintiff in error herein following an auto accident. The plaintiff in error was the plaintiff in the trial court and brought this action to recover damages arising out of the accident.
The defendant pleaded the release and attached a copy of it to their answer.
The plaintiff contends that the release was subject to avoidance because certain matters were misrepresented to him before he signed the release and because of a mutual mistake of the parties to the instrument concerning the full…
2Cases cited6 opinions
- St. Louis-San Francisco Ry. Co. v. CauthenSupreme Court of Oklahoma · 1924
- Davis v. HigginsSupreme Court of Oklahoma · 1923
- St. Louis S. F. R. Co. v. ChesterSupreme Court of Oklahoma · 1914
- Midland Valley R. Co. v. ClarkSupreme Court of Oklahoma · 1920
- Pickering Lumber Co. v. CampbellSupreme Court of Oklahoma · 1931
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sabine Corp. v. ONG Western, Inc.District Court, W.D. Oklahoma · 1989
- Smith v. Chicago, Rock Island & Pacific RailroadCourt of Civil Appeals of Oklahoma · 1973
- Holmes v. Missouri-Kansas-Texas Railroad Co.Supreme Court of Oklahoma · 1978
- Alvin Powell and Marjorie Powell v. Sinclair Oil Corporation, a Corporation, and Atlantic Richfield Company, a CorporationCourt of Appeals for the Tenth Circuit · 1971
- Fisher v. Owens-Corning Fiberglass Corp.Court of Appeals for the Tenth Circuit · 1989
4 more not listed; retrieve them via the Exa API.