Legal Opinion

Constantin Refining Co. v. Thwing Instrument Co.

Supreme Court of Oklahoma

Decided January 13, 1919No. 8685PublishedCited by 8 opinions

Error from County Court Tulsa County; John R. Ramsey, Judge. Action by the Thwing Instrument Company, against the Constantin Refining Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtSharp, C. J.

On August 11, 1914, the Thwing Instrument Company sold the Con-stantin Refining Company of Tulsa a recording pyrometer and six thermocouples, the consideration therefor being $350, payable one-half in 30 days, the balance in 90 days from installation. As a part of the consideration the instruments were to be installed under the supervision of the seller, who guaranteed “the perfect working of the instrument” for two years. After installation, and on September 24th, the instrument company wrote the refining company, demanding payment of the first installment, which letter the refining company…

2Cases cited5 opinions

  1. Norman v. LambertSupreme Court of Oklahoma · 1917
  2. Hecla Powder Co. v. . Sigua Iron Co.New York Court of Appeals · 1899
  3. Serviss v. . McDonnellNew York Court of Appeals · 1887
  4. Duryea v. . VosburghNew York Court of Appeals · 1890
  5. Hecla Powder Co. v. Sigua Iron Co.New York Supreme Court · 1895

3Cited by8 opinions

  1. Newton v. Okmulgee Grocery Co.Supreme Court of Oklahoma · 1923
  2. McIver v. KatsiolisSupreme Court of Oklahoma · 1923
  3. Milburn v. Miners' & Citizens' BankSupreme Court of Oklahoma · 1924
  4. Oklahoma Union Railway Co. v. MitchellSupreme Court of Oklahoma · 1924
  5. Holman v. LozierSupreme Court of Oklahoma · 1924

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