Legal Opinion

Graham v. Heinrich and Heinrich

Supreme Court of Oklahoma

Decided September 9, 1903PublishedCited by 6 opinions

Error from the District Court of Kingfisher County; before C. F. Irwin, Trial Judge. STATEMENT OE EACTS. An action by the plaintiff in error as plaintiff, against the defendants in error, as defendants, in the district conrt of Kingfisher county, to rescind contract.

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Error from the District Court of Kingfisher County; before C. F. Irwin, Trial Judge. STATEMENT OE EACTS. An action by the plaintiff in error as plaintiff, against the defendants in error, as defendants, in the district conrt of Kingfisher county, to rescind contract. Defendants by answer and cross-petition allege full compliance with contract, pray specific performance, and for decree quieting title in land in defendants, and for damages in the sum of $500, the value of the possession and use of the .land. Finding, judgment and decree for defendants. Plaintiff brings the case here by petition…

1Opinion of the Court

Opinion of the court by

Beauoi-iaMP, J.:

On August 23, 1899, the petition of the plaintiff was filed in the court below. On September, 18, 1899, the defendants filed their answer and cross-petition. In August, 1900, there was a fire which destroyed the records, including the answer and cross-petition of the defendants in this case. On September 15, 1900, the defendants filed a notice in the office of the clerk of the district court that they would substitute 'the answer and cross petition. On the 2nd day of February, 1901, the defendants filed their answer and cross- petition as substitute for…

2Cases cited3 opinions

  1. May v. SloanSupreme Court of the United States · 1879
  2. Gorman v. HargisSupreme Court of Oklahoma · 1897
  3. Lynch v. Richardson Lumber Co.Supreme Court of Oklahoma · 1897

3Cited by6 opinions

  1. Continental Casualty Co. v. WynneSupreme Court of Oklahoma · 1912
  2. Harn v. PattersonSupreme Court of Oklahoma · 1916
  3. Pease v. GolightlySupreme Court of Oklahoma · 1934
  4. Wilson v. BerryhillSupreme Court of Oklahoma · 1937
  5. Clarke v. UihleinSupreme Court of Oklahoma · 1915

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