Yukon Mills & Grain Co. v. Imperial Roller Mills Co.
Supreme Court of Oklahoma
Error from District Court, Grady County; P. M. Bailey, Judge. Action by the Yukon Mills & Grain Company against the Imperial Roller Mills Company. Judgment on counterclaim for defendant, and plaintiff brings error.
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Error from District Court, Grady County; P. M. Bailey, Judge. Action by the Yukon Mills & Grain Company against the Imperial Roller Mills Company. Judgment on counterclaim for defendant, and plaintiff brings error. This action was begun in the United States commissioners’ court for the Third commissioners’ district of Indian Territory on May 1, 1907. The plaintiff alleged in its complaint that on or about September 1, 1906, the defendant sold and delivered to plaintiff 1,000 bushels of wheat at 59 cents per bushel, said wheat to be first-class milling wheat, strictly dry, sound, and sweet,…
1Opinion of the Court
Opinion by
ROBERTSON, C.
(after stating the facts as above). The evidence in this case with reference to the nature and character of the contract of purchase is very conflicting. Plaintiff in error contends that it was made by telephone conversation and confirmed by letter. Defendant insists that it was an •oral contract made by one Marlow, the agent of plaintiff, and A. G. Click, the manager of the defendant company, at Mineo. Much testimony, pro and con, was offered, and the question was submitted to the jury, under instructions by the court, and the jury resolved the issue in favor of the…
2Cases cited11 opinions
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- Allen v. KenyonSupreme Court of Oklahoma · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
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