Bales v. Northwestern Consol. Milling Co.
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; B. F. Burwell, Judge. Action by the Northwestern Consolidated Milling Company against M. C. Bales. Judgment for plaintiff, and defendant • brings error.
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Error from District Court, Oklahoma County; B. F. Burwell, Judge. Action by the Northwestern Consolidated Milling Company against M. C. Bales. Judgment for plaintiff, and defendant • brings error. On September 21, 1903, the Northwestern Consolidated Milling Company, defendant in error, plaintiff below, sued M. C. Bales, plaintiff in error, defendant below, in the probate court of Oklahoma county on account for one car load of Oeresota flour, sold and delivered to him by shipment from Minneapolis, Minn., to Clinton, Ind., about the 10th day of September, 1901, amounting to $507.50, together…
1Opinion of the Court
TüRNER, J.
(after stating the facts as above). To maintain the plea of payment Bales testified that the car of flour was shipped about September 10th, and received by him about the 20th or 25th of September, 1901; that about the time the flour arrived, he received an invoice through the mail; that bill of lading, with draft attached for the purchase price, was sent to the bank in Clinton; that he paid the amount of the draft, got the bill of lading, and afterwards the flour, first paying the freight on the car. The invoice and draft were introduced in evidence, and payment of the draft…
2Cases cited4 opinions
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- Goddard v. FosterSupreme Court of the United States · 1873
- Turner v. YatesSupreme Court of the United States · 1854
- Drakely v. GreggSupreme Court of the United States · 1869
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- Chicago Crayon Co. v. RogersSupreme Court of Oklahoma · 1911
- Humphrey v. MorganSupreme Court of Oklahoma · 1911
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