Derr v. Fisher
Supreme Court of Oklahoma
Error from District Court, Pottawatomie County; B. P. Burwell, Judge. Action by J. C. Fisher, as receiver of the Shawnee Light & Power Company, and others, against Charles T. Derr and others, partners doing business as tbe Oklahoma Paving & Construction Company. Judgment for plaintiffs, and defendants brought error to the Supreme Court of the territory of Oklahoma, whence the cause was transferred to the Supreme Court of the state of Oklahoma.
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Error from District Court, Pottawatomie County; B. P. Burwell, Judge. Action by J. C. Fisher, as receiver of the Shawnee Light & Power Company, and others, against Charles T. Derr and others, partners doing business as tbe Oklahoma Paving & Construction Company. Judgment for plaintiffs, and defendants brought error to the Supreme Court of the territory of Oklahoma, whence the cause was transferred to the Supreme Court of the state of Oklahoma. On February 25, 1905, the plaintiff J. O. Fisher, as receiver or the Shawnee Light & Power Company, a corporation, commenced his action against C. J.…
1Opinion of the Court
DüNN, J.
(after stating the facts as above). Plaintiffs in error make three points in their brief: First. That the.plaintiff below had an adequate remedy at law, and hence a suit in equity could not be maintained. Second. That the contract in question was not ultra vires, but one within the power of the Shawnee Light & Power Company to make. Third. That, if the contract in question was not one that the light and power company had power to make, it was estopped to take advantage of the lack of power for the reason that the contract had been fully executed by the paving company, and that the…
2Cases cited14 opinions
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
- Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
- Green Bay & Minnesota Railroad v. Union Steamboat Co.Supreme Court of the United States · 1883
- Toledo, Wabash & Western Railway Co. v. RodriguesIllinois Supreme Court · 1868
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3Cited by6 opinions
- Texas Co. v. State ex rel. CoryellSupreme Court of Oklahoma · 1947
- Corning Glass Works v. LucasCourt of Appeals for the D.C. Circuit · 1929
- Southwestern Surety Ins. Co v. DavisSupreme Court of Oklahoma · 1915
- Overholser v. Okla. Interurban Trac. Co.Supreme Court of Oklahoma · 1911
- Oklahoma Wheat Pool Elevator Corp. v. BouquotSupreme Court of Oklahoma · 1937
1 more not listed; retrieve them via the Exa API.