Plotner v. Chillson & Chillson
Supreme Court of Oklahoma
lirror from District Court, Canadian County; C. F. Irwin, Judge. Action by A. A. Plotner against Chillson & Chillson. Judgment for defendants, and plaintiff brings error.
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lirror from District Court, Canadian County; C. F. Irwin, Judge. Action by A. A. Plotner against Chillson & Chillson. Judgment for defendants, and plaintiff brings error. On October 18, 1905, A. A. Plotner, plaintiff in error, plaintiff below, sued M. D. Chillson and Charles Chillson, partners as Chillson & Chillson, defendants in error, defendants below, in the district court of Canadian county, to recover, among other things, $7,500 alleged to have been paid them as commission on the purchase of certain lands in Matagorda county, Tex., as agents for plaintiff, and which is alleged to have…
1Opinion of the CourtTurner, J.
(after stating the facts as above) . The only alleged error necessaiy for us to consider is that the court erred in sustaining defendants’ demurrer to plaintiff’s evidence. In considering this assignment of error, it will be remembered that the rule of law is that:
“A demurrer to the evidence not only admits.the facts as proved to be true, but admits such facts as may be reasonably and rationally inferred from the facts proved. If there is evidence fairly tending to show each material averment of the petition, it is error to sustain a demurrer- to plaintiff’s evidence.” (Myers v. Presbyterian…
2Cases cited19 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Raisin v. ClarkCourt of Appeals of Maryland · 1874
- Wadsworth v. AdamsSupreme Court of the United States · 1891
- Scribner v. CollarMichigan Supreme Court · 1879
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
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3Cited by15 opinions
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
- Fulsom-Morris Coal & Mining Co. v. MitchellSupreme Court of Oklahoma · 1913
- Gilliland v. JaynesSupreme Court of Oklahoma · 1912
- M. P. Appleby, Jr. v. Kewanee Oil CompanyCourt of Appeals for the Tenth Circuit · 1960
- Kurz v. StaffordSupreme Court of Oklahoma · 1929
10 more not listed; retrieve them via the Exa API.