Legal Opinion

Birmingham Steel & Supply, Inc. v. Smithco Manufacturing Co.

Supreme Court of Oklahoma

Decided February 23, 1965No. 40660Published

1Opinion of the Court

399 P.2d 471 (1965)

BIRMINGHAM STEEL & SUPPLY, INC., a corporation, Plaintiff in Error,

v.

SMITHCO MANUFACTURING COMPANY, Defendant in Error.

No. 40660.

Supreme Court of Oklahoma.

February 23, 1965.

Wheeler & Wheeler, Tulsa, for plaintiff in error.

Sanders, McElroy & Whitten, Tulsa, for defendant in error.

IRWIN, Justice.

Birmingham Steel & Supply, Inc., referred to as plaintiff, commenced proceedings against Smithco Manufacturing Company to recover the purchase price of a fabricated structure which it sold and delivered to defendant. Defendant defended the action on the grounds that it had paid in…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Alva Roller Mills v. SimmonsSupreme Court of Oklahoma · 1918
  2. Atlas Life Insurance Company v. EastmanSupreme Court of Oklahoma · 1957
  3. Klaus v. FlemingSupreme Court of Oklahoma · 1956
  4. Sarber v. HarrisSupreme Court of Oklahoma · 1962
  5. Birmingham Steel & Supply, Inc. v. Smithco Manufacturing Co.Supreme Court of Oklahoma · 1965

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