Haynes v. Brown
Supreme Court of Oklahoma
Error from the District Court of Kay County; before Bayard T. Rainer, Trial Judge. STATEMENT OF FACTS. This was a suit by J. M. Haynes, plaintiff, to recover of the defendant, Jennie Brown, $2,000, upon a written contract for the sale by him, to her, of 20 shares of stock, for that amount. The court sustained a demurrer to plaintiff’s evidence, and he appealed to this court.
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Error from the District Court of Kay County; before Bayard T. Rainer, Trial Judge. STATEMENT OF FACTS. This was a suit by J. M. Haynes, plaintiff, to recover of the defendant, Jennie Brown, $2,000, upon a written contract for the sale by him, to her, of 20 shares of stock, for that amount. The court sustained a demurrer to plaintiff’s evidence, and he appealed to this court. Plaintiff in his petition alleged that on July 5, 1902, he was the owner of 20 shares of stock in the Newkirk Stone and Construction Co., a corporation, of the par value of $100 per share. That on the said day he made and…
1Opinion of the Court
Opinion of the court by
Burford, C. J.:
'The contention of plaintiff in error is that the court erred in sustaining the demurrer to the evidence. We think there was no error in this. The written agreement is an executory contract; all of its conditions are to be performed in the future. Haynes agreed to sell Miss Brown 20 shares of stock in a corporation; he was to transfer and assign the stock to her and procure its transfer upon the books of the company; she was then to pay him $2000; they each deposited $500 to be forfeited to the other in case of failure to perform the agreement. The…
2Cases cited1 opinion
- Mansur-Tebbetts Implement Co. v. WilletSupreme Court of Oklahoma · 1900
3Cited by8 opinions
- Oklahoma Tax Commission v. Fortinberry Co.Supreme Court of Oklahoma · 1949
- Witthoft v. Commercial Development & Investment Co.Idaho Supreme Court · 1928
- Deming Inv. Co. v. BairdSupreme Court of Oklahoma · 1912
- Midwest Engineering & Construction Co. v. Electric Regulator Corp.Supreme Court of Oklahoma · 1967
- Waggoner Refining Co. v. Bell Oil & Gas Co.Supreme Court of Oklahoma · 1926
3 more not listed; retrieve them via the Exa API.