Legal Opinion

Comanche Mercantile Co v. McCall Co.

Supreme Court of Oklahoma

Decided December 7, 1915No. 5474PublishedCited by 2 opinions

Error from, County Court, Stephens County; J. W. Marshall, Judge. Action by the McCall Company, a corporation, against the Comanche Mercantile Company, a corporation. Judgment for plaintiff, and defendant brings error. Defendant in error commenced this action before a justice of the peace of Stephens county to recover from plaintiff in error the sum of $92.89 for goods sold and delivered, and the sum of $67.93 for damages for breach of contract.

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Error from, County Court, Stephens County; J. W. Marshall, Judge. Action by the McCall Company, a corporation, against the Comanche Mercantile Company, a corporation. Judgment for plaintiff, and defendant brings error. Defendant in error commenced this action before a justice of the peace of Stephens county to recover from plaintiff in error the sum of $92.89 for goods sold and delivered, and the sum of $67.93 for damages for breach of contract. From the judgment of the justice of the peace an appeal was taken to the county court of Stephens county, where the case was tried de novo. At the…

1Opinion of the Court

Opinion by

RUMMONS, C.

(after stating the facts as above). We need only consider two assignments of error in determining this case: First, the court admitted incompetent evidence; and, second, the court peremptorily instructed the jury to find for the defendant in error for • the total sum sued for. Both of these assignments may be considered together.

Defendant in error sued upon a contract between plaintiff in error and defendant in error entered into May 5, 1909, and running for a term of three years, by the terms of which plaintiff in error was to take from defendant in error certain…

2Cited by2 opinions

  1. Williamson v. DavisSupreme Court of Oklahoma · 1917
  2. Globe Automatic Sprinkler Co. v. BraniffSupreme Court of Oklahoma · 1923

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