Ferguson v. Blackwell Et Ux.
Supreme Court of Oklahoma
Error from the District Court of Kay County; before B. T. Hamer, District Judge. Action by James A. Ferguson against A. J. Blackwell and Eosa Blackwell for specific performance. Judgment for defendants, and plaintiff brings error. STATEMENT OP THE CASE.
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Error from the District Court of Kay County; before B. T. Hamer, District Judge. Action by James A. Ferguson against A. J. Blackwell and Eosa Blackwell for specific performance. Judgment for defendants, and plaintiff brings error. STATEMENT OP THE CASE. The petition, filed January 7, 1898, set forth a contract executed by A. J. Blackwell,and delivered by him to the plaintiff, which is as follows: “Vinita, I. T., January 6, 1891. “This agreement, made and entered into by and be tween James A. Ferguson, of the first part, and A. J. Blackwell, of the second part, witnesð that in consideration…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The evidence in the cause showed that, at the time of the execution of the contract, A. J. Blackwell borrowed $5,000 from the First National Bank, at Coffeyville, Kan.; that plaintiff in error endorsed his note therefor, and that cattle were purchased with the whole ■of the proceeds of this loan, and a mortgage upon the cattle given to the bank for its security. The note was dated November 27, 1890, and was payable ten months -after date. It remained unpaid after maturity, and the cattle were taken possession of by the bank, with the ■approval of Blackwell,…
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