Finch v. Smith

This is the second time this case has come to this court on appeal. The opinion in the first appeal is reported in 166 Okla. 68, 26 P. (2d) 750.

The cause was originally commenced in the district court of Okmulgee county on January 9, 1932, by C. M. Smith, as plaintiff, against Robert Finch and Madalyn Finch, as defendants, the purpose of the action being to cancel an executory contract by which the plaintiff had sold certain real property to defendants, which contract was alleged to have been breached and broken by defendants by their failure to make the payments therein provided and to…