J. Rosenbaum Grain Co. v. Pond Creek Mill & Elevator Co.
Supreme Court of Oklahoma
Error from District Court, Grant Countyj James K. Beauchamp, . Judge. Action by the J. Rosenbaum Grain Company against the Pond Creek Mill & Elevator Company. Judgment for defendant, and plaintiff brings error. This action was brought in the district court of Grant county by plaintiff in error, plaintiff below, to recover from defendant in error, defendant below, the sum of $326.26, with interest.
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Error from District Court, Grant Countyj James K. Beauchamp, . Judge. Action by the J. Rosenbaum Grain Company against the Pond Creek Mill & Elevator Company. Judgment for defendant, and plaintiff brings error. This action was brought in the district court of Grant county by plaintiff in error, plaintiff below, to recover from defendant in error, defendant below, the sum of $326.26, with interest. The 'amount sought to be recovered, as alleged by plaintiff in his petition, is a balance due on overdrafts attached to bills of lading ■for grain sold by defendant to plaintiff. Plaintiff alleges.…
1Opinion of the CourtHayes, J.
(after stating the facts as above). Plaintiff insists upon reversal of this case upon two grounds: First, .that the court erred in not granting plaintiff a new trial, for the reason that the verdict of the jury is not supported by sufficient evidence, and is contrary to law; second, that the court erroneously gave to the jury an instruction which we shall discuss later.
It is contended by defendant as his defense that the written confirmation of purchase mailed by plaintiff to defendant after each purchase was not part of the contract of sale between the defendant and plaintiff, and, further,…
2Cases cited6 opinions
- Underwood v. WolfIllinois Supreme Court · 1890
- Puls v. CaseySupreme Court of Oklahoma · 1907
- English v. Spokane Com. Co.Court of Appeals for the Ninth Circuit · 1893
- Tacoma Coal Co. v. BradleyWashington Supreme Court · 1891
- Graff v. D. M. Osborne & Co.Supreme Court of Kansas · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- White v. OliverSupreme Court of Oklahoma · 1912
- Holcombe & Hoke Mfg. Co. v. WatersSupreme Court of Oklahoma · 1925
- T. H. Rogers Lumber Co. v. M. W. Judd Lumber Co.Supreme Court of Oklahoma · 1915
- Wilson v. Sunnyside Orchard Co.Idaho Supreme Court · 1921
- Deming Inv. Co. v. McLaughlinSupreme Court of Oklahoma · 1911
2 more not listed; retrieve them via the Exa API.