Legal Opinion

Collins-Deitz-Morris Co. v. Elk City Mercantile Co.

Supreme Court of Oklahoma

Decided June 29, 1915No. 4701PublishedCited by 3 opinions

Error from, District Court, Beckham, County; G. A. Brown, Judge. Action by the Collins-Deitz-Morris Company, a corporation, against the Elk City Mercantile Company, a corporation. Judgment for plaintiff for less than claimed, and it brings error. This appeal is prosecuted from a judgment rendered in favor of plaintiff and against the defendant upon an account for goods and merchandise sold.

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Error from, District Court, Beckham, County; G. A. Brown, Judge. Action by the Collins-Deitz-Morris Company, a corporation, against the Elk City Mercantile Company, a corporation. Judgment for plaintiff for less than claimed, and it brings error. This appeal is prosecuted from a judgment rendered in favor of plaintiff and against the defendant upon an account for goods and merchandise sold. The cause was referred to a referee to find the facts and make conclusions of law, who found and reported that plaintiff was entitled to recover against the defendant in the sum of $1,440.98, from which…

1Opinion of the Court

Opinion by

COLLIER, C.

(after stating the facts as above). It is admitted in brief of plaintiff in error that the sole question involved in this appeal is whether or not “a contract not in writing for one year, to commence in the future, is valid under the statutes of Oklahoma.” In the case of Wickson v. Monarch Cycle Co., 128 Cal. 156, 60 Pac. 764, 79 Am. St. Rep. 36, in construing a section identical with section 941, Rev. Laws 1910, it is held that:

“The two subdivisions T1 and 5] are to be read and construed together, and, as so read, a parol lease is valid for one year * * * from the time…

2Cases cited4 opinions

  1. Higgins v. GagerSupreme Court of Arkansas · 1898
  2. Wickson v. Monarch Cycle Manufacturing Co.California Supreme Court · 1900
  3. Sullivan v. BryantSupreme Court of Oklahoma · 1913
  4. Jones v. BennettSupreme Court of Oklahoma · 1914

3Cited by3 opinions

  1. Woodworth v. FranklinSupreme Court of Oklahoma · 1921
  2. Schwartz v. McDanielSupreme Court of Oklahoma · 1950
  3. Rossiter v. Citizens' State Bank of MincoSupreme Court of Oklahoma · 1915

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