Cahill v. Waugh

722 P.2d 721 (1986)

Augustine CAHILL and Dorothy Cahill, Appellants,

v.

Tom WAUGH, d/b/a the Pancake Place, Appellee.

No. 63607.

Court of Appeals of Oklahoma, Tulsa Division.

April 8, 1986.

As Corrected April 17, 1986.

Rehearing Denied May 6, 1986.

Certiorari Denied July 8, 1986.

Michael J. King, Tulsa, for appellants.

Joseph A. Sharp, Lynn A. Summers, Best, Sharp, Thomas, Glass & Atkinson, Tulsa, for appellee.

Released for Publication by Order of the Court of Appeals of Oklahoma, Tulsa Division.

BRIGHTMIRE, Judge.

Was it error to withdraw from jury consideration one of plaintiffs' theories of recovery for…