Legal Opinion

Mangelsdorf Bros. Co. v. Kolp

Supreme Court of Oklahoma

Decided May 1, 1917No. 5032PublishedCited by 1 opinion

Error from District Court, Oklahoma County ; W. R. Taylor, Judge. Action by the Mangelsdorf Bros. Company, a corporation, against E. R. Kolp and D. C. Kolp, copartners. Demurrer to plaintiff’s evidence sustained, and judgment against plaintiff for costs, and it brings error.

1Opinion of the CourtBrett, J.

This action was commenced in the district court of Oklahoma county by the plaintiff in error, a corporation, hereinafter called plaintiff, against the defendants in error, a copartnership, hereinafter called defendants, to recover the purchase price of two orders of cane seed, sold by plaintiff to the defendants, but never actually delivered, and for certain charges for the storage and insurance on these seed, and also some charges for turning or stirring the seed to prevent them from becoming heated while in the plaintiff’s elevator. The plaintiff sued upon the theory that it had sold the…

2Cases cited21 opinions

  1. Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
  2. Memory v. NiepertIllinois Supreme Court · 1890
  3. Ober v. Carson'sSupreme Court of Missouri · 1876
  4. Sewell v. EatonWisconsin Supreme Court · 1858
  5. Bill v. FullerCalifornia Supreme Court · 1905

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3Cited by1 opinion

  1. Oklahoma Producing & Refining Corp. v. Pennok Oil Co.Supreme Court of Oklahoma · 1926

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