Southwestern Cotton Seed Oil Co. v. Stribling
Supreme Court of Oklahoma
Error from the District Qourt of Oklahoma Gountyj before B. F. Burwell, Trial Judge. STATEMENT OF FACTS. This was an action brought in the district court of Oklahoma county, by Smith & Stribling, as partners, against the Southwestern Cotton Seed Oil Company, to recover damages alleged to have been sustained on account of an alleged breach of an oral contract to supply sufficient water for plaintiffs’ cattle, which, were being fattened for market at the oil mill of the…
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Error from the District Qourt of Oklahoma Gountyj before B. F. Burwell, Trial Judge. STATEMENT OF FACTS. This was an action brought in the district court of Oklahoma county, by Smith & Stribling, as partners, against the Southwestern Cotton Seed Oil Company, to recover damages alleged to have been sustained on account of an alleged breach of an oral contract to supply sufficient water for plaintiffs’ cattle, which, were being fattened for market at the oil mill of the defendant company. The plaintiffs alleged in the petition that on the-■ day of November, 1900, an oral agreement was entered…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
This action was founded on the breach of án oral contract, and it devolved upon the plaintiff to prove by a preponderance of the evidence the following material facts: (1) That an oral contract was entered into between the plaintiff and defendant, as alleged in the petition : (2) That there was a breach of said contract, in this, that the defendant failed to supply a sufficient quantity of water for the plaintiffs’ cattle, pursuant to the contract: (3) That in consequence of such breach the cattle became sick, and deteriorated in value, and that by reason…
2Cases cited1 opinion
- Willet v. JohnsonSupreme Court of Oklahoma · 1904
3Cited by5 opinions
- St. Louis-S. F. Ry. Co. v. FloydSupreme Court of Oklahoma · 1930
- Trustees of Horton's Estate v. SherwinSupreme Court of Oklahoma · 1917
- Kuykendall v. CaldwellSupreme Court of Oklahoma · 1915
- Briscoe v. JohnsonSupreme Court of Oklahoma · 1918
- Fuss v. WilliamsonSupreme Court of Oklahoma · 1928