Citizens' Independent Mill & Elevator Co. v. Perkins
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; Geo. W. Clark, Judge. Action by the Citizens’ Independent Mill & Elevatof Company against W. L. Perkins, doing business .as the W. L. Perkins Grain Company. Judgment for defendant, and plaintiff brings error. This is an action brought by plaintiff in error against defendant- in error to recover damages for the breach of a contract of sale of a car of corn. Hereinafter the parties will be designated as they were in the trial court.
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Error from District Court, Oklahoma County; Geo. W. Clark, Judge. Action by the Citizens’ Independent Mill & Elevatof Company against W. L. Perkins, doing business .as the W. L. Perkins Grain Company. Judgment for defendant, and plaintiff brings error. This is an action brought by plaintiff in error against defendant- in error to recover damages for the breach of a contract of sale of a car of corn. Hereinafter the parties will be designated as they were in the trial court. Defendant sold to plaintiff said com by written contract of sale, which was, prior to its execution, stated orally. Said…
1Opinion of the Court
Opinion.by
COLLIER, C.
(after stating the facts as above). There are very many assignments of error in this case; but, for a proper determination of same, we think it necessary to consider only those facts found and the judgment rendered, as set out above.
The undisputed evidence, the contract of purchase, provided that the corn was bought subject to inspection at Wichita, and a certificate which accompanied the bill of lading shows that such inspection • was made at Wichita, and that said inspection showed that the corn was of the grade contracted for. But the inspection provided by the…
2Cases cited7 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Bretch Bros. v. S. Winston & SonsSupreme Court of Oklahoma · 1911
- J. B. Edgar Grain Co. v. KolpSupreme Court of Oklahoma · 1915
- Gratiot Street Warehouse Co. v. WilkinsonMissouri Court of Appeals · 1902
- Beck & Corbitt Iron Co. v. HolbeckMissouri Court of Appeals · 1904
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3Cited by4 opinions
- Bower-Venus Grain Co. v. Norman Milling & Grain Co.Supreme Court of Oklahoma · 1922
- Dickson v. DarnellWashington Supreme Court · 1917
- Field v. DescalziSupreme Court of Pennsylvania · 1923
- Benjamin Colitz & Co. v. DavisSupreme Court of Oklahoma · 1936