American Jobbing Ass'n v. James
Supreme Court of Oklahoma
Error from District Court, Bryan County; Malcolm E. Rosser, Judge. Action by E. D. James against the American Jobbing Association, or Williard D. Main. Judgment for plaintiff, and defendant brings error. This proceeding in error is brought from a judgment of the district court of Bryan county in an action wherein defendant in error, hereafter called “plaintiff,” seeks to recover against plaintiff in error, hereafter called “defendant,” on an agency contract.
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Error from District Court, Bryan County; Malcolm E. Rosser, Judge. Action by E. D. James against the American Jobbing Association, or Williard D. Main. Judgment for plaintiff, and defendant brings error. This proceeding in error is brought from a judgment of the district court of Bryan county in an action wherein defendant in error, hereafter called “plaintiff,” seeks to recover against plaintiff in error, hereafter called “defendant,” on an agency contract. On November 19, 1904, plaintiff entered into a contract with defendant, whereby he undertook and agreed to act as traveling salesman for…
1Opinion of the CourtHayes, J.
(after stating the facts as above). The original contract ivas in writing and was signed by both parties.- All transactions between defendant and plaintiff since the execution of the contract have been by means of letters and telegrams. No oral' communication has occurred between them. The defendant’s first contention, that the question whether the correspondence between them constituted a contract independent of the original -Contract, and superseded it, and .that the -construction of thje same should have been submitted to the jury, is without merit. Where the transaction between two…
2Cases cited7 opinions
- Goddard v. FosterSupreme Court of the United States · 1873
- Dwelling-House Insurance v. JohnsonSupreme Court of Kansas · 1891
- Western Home Insurance v. ThorpSupreme Court of Kansas · 1892
- Falls Wire Manufacturing Co. v. BroderickMissouri Court of Appeals · 1883
- Ranney v. HigbyWisconsin Supreme Court · 1856
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3Cited by24 opinions
- Farmers' State Bank of Ada v. KeenSupreme Court of Oklahoma · 1917
- Atwood v. RoseSupreme Court of Oklahoma · 1912
- Chambers v. Van WagnerSupreme Court of Oklahoma · 1912
- Ardizonne v. ArcherSupreme Court of Oklahoma · 1919
- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
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