Legal Opinion

Head-Berry Co. v. Bannister

Supreme Court of Oklahoma

Decided December 7, 1915No. 5284PublishedCited by 6 opinions

Error from County Court, Tulsa County; Conn Linn, Judge. Action by F. B. Bannister against the Head-Berry Company, a corporation. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Opinion by

DUDLEY, C.

This is an action by the defendant in error, plaintiff below, against the plaintiff in error, defendant 'below, to recover an alleged commission for the sale of certain lots at auction under a written contract dated January 13, 1912, and damages for the breach thereof. The parties will be referred to as they were in the trial court. The petition contains two counts—one for the alleged commission for the sale of said lots under said contract, and the other for damages for the breach thereof. There was judgment for the plaintiff for $85, from which the defendant has appealed.

2Cases cited10 opinions

  1. Roberts v. MarkhamSupreme Court of Oklahoma · 1910
  2. Dole v. SherwoodSupreme Court of Minnesota · 1889
  3. Ingold v. SymondsSupreme Court of Iowa · 1904
  4. Golden Gate Packing Co. v. Farmers' UnionCalifornia Supreme Court · 1880
  5. Smith v. PreissSupreme Court of Minnesota · 1912

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3Cited by6 opinions

  1. Harry H. Rosin Co. v. EksterowiczSuperior Court of Delaware · 1950
  2. Powers v. Security Savings & Trust Co.Idaho Supreme Court · 1923
  3. Cantrell v. McLemoreSupreme Court of Oklahoma · 1926
  4. Kennedy Kennedy v. VanceSupreme Court of Oklahoma · 1949
  5. Kennedy v. HartSupreme Court of Oklahoma · 1940

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