Legal Opinion

Kaiser v. Geis

Supreme Court of Oklahoma

Decided November 23, 1915No. 5804PublishedCited by 1 opinion

Error from County Court, Alfalfa County; F. M. Gustin, Judge. Action by Fred Geis against H. F. Kaiser. Judgment for plaintiff, and defendant brings error. This action was to recover $22.20, the amount paid by the defendant in error for a boar purchased from the plaintiff in error.

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Error from County Court, Alfalfa County; F. M. Gustin, Judge. Action by Fred Geis against H. F. Kaiser. Judgment for plaintiff, and defendant brings error. This action was to recover $22.20, the amount paid by the defendant in error for a boar purchased from the plaintiff in error. The plaintiff testified that he was purchasing hogs to self at Wichita, and that boars were not marketable on that market; that on the morning of December 2, 1911, he talked with the plaintiff in error over the phone, and asked him if he had any fat hogs ready to ship; that defendant answered that he had four, one…

1Opinion of the Court

Opinion by

DEVEREUX, C.

(after stating the facts as above). The plaintiff in error proceeds on-the theory that this is an action to cancel a contract, but undér the finding of the jury there was no contract to cancel. It is apparent from the plaintiff’s evidence that as far as the boar was concerned there never had been a meeting of the minds of the parties. In the light of the finding of the jury, the plaintiff below offered to purchase four hogs fit for market, and was led to believe that the hog. in question was a stag which had been castrated and was smooth and marketable. Instead of a hog…

2Cases cited3 opinions

  1. Lowe v. Wells Fargo & Co.Supreme Court of Kansas · 1908
  2. Sullins v. Farmers Exchange BankSupreme Court of Oklahoma · 1906
  3. Hogue v. MackeySupreme Court of Kansas · 1890

3Cited by1 opinion

  1. Ross v. AlworthSupreme Court of Oklahoma · 1924

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