Legal Opinion

Martin v. Gassert

Supreme Court of Oklahoma

Decided September 5, 1906PublishedCited by 29 opinions

Error from the District Court of Noble County; beforeBayard T. Hainer, Trial -Judge. STATEMENT OE EACTS. This was an action brought by the defendant in error on three promissory notes, _ and for the foreclosure of a real estate mortgage. Said notes being given as a part consideration for the purchase of a stock of merchandise located in the town of Morrison, Noble county, Oklahoma.

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Error from the District Court of Noble County; beforeBayard T. Hainer, Trial -Judge. STATEMENT OE EACTS. This was an action brought by the defendant in error on three promissory notes, _ and for the foreclosure of a real estate mortgage. Said notes being given as a part consideration for the purchase of a stock of merchandise located in the town of Morrison, Noble county, Oklahoma. The defendant in the court below claims that the plaintiff in that court at the time of said transaction represented to him that the said goods were marked at'the wholesale cost price, and were of the reasonable…

1Opinion of the Court

Opinion of the court by

IewiN, J.:

The counsel for plaintiffs in error in their assignments of error urge for a reversal of this case:

First: The district court committed error of law in the trial of the case by excluding competent testimony which was offered by plaintiffs in error, rejected, and exceptions preserved.

Second: Error of the court in sustaining said demurrer of the plaintiff to the evidence of the defendants below, plaintiffs in error here, to which the plaintiffs in error excepted.

Third: 'For the reason that the decision of the court is contrary to the evidence.

Fourth: For the…

2Cases cited8 opinions

  1. Eddy v. WeaverSupreme Court of Kansas · 1887
  2. Board of Comrs. of Washita Co. v. HubbleSupreme Court of Oklahoma · 1899
  3. State v. ReganWashington Supreme Court · 1894
  4. Hill v. First National BankSupreme Court of Kansas · 1889
  5. Frame v. RyelSupreme Court of Oklahoma · 1904

3 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Finch v. BrownSupreme Court of Oklahoma · 1910
  2. Meyer v. JamesSupreme Court of Oklahoma · 1911
  3. Kimbriel v. MontgomerySupreme Court of Oklahoma · 1911
  4. Wagner v. Sattley Mfg. Co.Supreme Court of Oklahoma · 1909
  5. O'Neil v. JamesSupreme Court of Oklahoma · 1914

24 more not listed; retrieve them via the Exa API.

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