Altoona Portland Cement Co. v. Burbank
Supreme Court of Oklahoma
Error from County Court, Garfield County; Action by C. J. Burbank and another agáinst the Altoona Portland Cement Company for breach of an oral agreement. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
Opinion by
TPIACKER, C.
Plaintiff in error will be designated as defendant, and defendants in enor as plaintiffs, in accord with their respective titles in the trial court.
The essential facts, when not stated, are necessarily.presupposed by this opinion and will be so understood.
The defendant, as seller, is not bound by a merely oral acceptance of plaintiffs’ order for 500 barrels of cement at $1.17 per barrel, nor liable for damages for failure to deliver the same, as such a contract is invalid under section 847, St, Okla. 1890 (section 941, Rev. Laws 1910). Wilkerson v. Patton Sash, Door &…
2Cases cited20 opinions
- Wardell v. WilliamsMichigan Supreme Court · 1886
- Haydock v. . StowNew York Court of Appeals · 1869
- Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
- Harris Et Ux. v. ArthurSupreme Court of Oklahoma · 1912
- Foster v. New York & Texas Land Co.Court of Appeals of Texas · 1893
15 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Render v. LillardSupreme Court of Oklahoma · 1916
- Central Nat. Oil Co. v. Continental Supply Co.Supreme Court of Oklahoma · 1926
- Johnson v. StateSupreme Court of Oklahoma · 1935