W. P. Callahan & Co. v. Chickasha Cotton Oil Co.
Supreme Court of Oklahoma
Error from the District Court of Canadian Countyj before C. F. Irwin, Trial Judge. STATEMENT OF FACTS The plaintiff in error, plaintiff in the court below, commenced this action to recover the sum of $3500.00, a balance due upon an executed coutraet for the furuisbiug of oil mill, machinery.
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Error from the District Court of Canadian Countyj before C. F. Irwin, Trial Judge. STATEMENT OF FACTS The plaintiff in error, plaintiff in the court below, commenced this action to recover the sum of $3500.00, a balance due upon an executed coutraet for the furuisbiug of oil mill, machinery. Said sum is admitted to be due the plaintiff, unless the defendant is entitled to recoup in damages for a breach of the contract in failing to deliver the machinery during the last days of July, 1903, and not until the 30th day of September, following. The defendant by way of answer and cross-petition…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
The defendant in error in its brief says:
“The trial court found generally for the oil mill and assessed its damages at $3500.00 and interest. 'We cannot tell whether it was for loss of use of mill, or for seed spoiled, or expense incurred, or for all these things in part. By its finding thé oil mill was adjudicated favorably as to all. If any one of them is right, no reversal can be had.”
We are unable to agree with this contention in view of the record in this ease. The evidence was- addressed to each of the items of damage specified and objections thereto…
2Cases cited6 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
- Parks v. TurnerSupreme Court of the United States · 1851
- Clifford v. RichardsonSupreme Court of Vermont · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Continental Gin Co. v. SullivanSupreme Court of Oklahoma · 1915
- Gaines Bros. & Co. v. Citizens' Bank of HenryettaSupreme Court of Oklahoma · 1921
- Prager's Paris Fashion v. SeidenbachSupreme Court of Oklahoma · 1925
- National Surety Co. v. Board of Edu. of City of HugoSupreme Court of Oklahoma · 1917
- Terrell Co. v. DavisSupreme Court of Oklahoma · 1920
4 more not listed; retrieve them via the Exa API.