Britton v. Lombard
Supreme Court of Oklahoma
Error from County Court, Tulsa County; • Conn Linn, Judge. Replevin by W. L. Britton and another, partners doing business as the Tulsa Music Company, against Clara Lombard. Judgment for defendant, and plaintiffs bring error.
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Error from County Court, Tulsa County; • Conn Linn, Judge. Replevin by W. L. Britton and another, partners doing business as the Tulsa Music Company, against Clara Lombard. Judgment for defendant, and plaintiffs bring error. This was an action of replevin to recover a player piano alleged to have been sold to the defendant on monthly payments, the plaintiffs in error securing the payments by a contract, which provided that the vendors should retain the title until full payment, and further providing that, in case default should be made in any of the monthly payments, the vendors might take…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). Assuming, but-not deciding, that there was evidence in the record on the question of duress sufficient' to go to the jury in any event, there was error in the charge as given, and in refusing to give the instruction •requested on this subject. Our statute defines “duress” as follows (Rev. Laws 1910, sec. 900) :
“First. Unlawful confinement of the person of the party, or of husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband or wife.
“Second. Unlawful detention of the property of any such…
2Cases cited1 opinion
- Snyder v. StriblingSupreme Court of Oklahoma · 1907
3Cited by7 opinions
- First Nat. Bank of Mounds v. CoxSupreme Court of Oklahoma · 1921
- Newsom v. MedisSupreme Court of Oklahoma · 1951
- Rice v. VictorSupreme Court of Oklahoma · 1924
- Illinois Bankers Life Assurance Co. v. DaySupreme Court of Oklahoma · 1936
- Luna v. MillerSupreme Court of Oklahoma · 1935
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