Tinkelpaugh-Kimmel Hardware Co. v. Minneapolis Threshing MacH. Co.
Supreme Court of Oklahoma
Okla. T. Error from District Court, Canadian County; before C. F. Irwin, Judge. Action by the Tinkelpaxigh-Kimmel Hardware Company against the Minneapolis Threshing Machine Company. Judgment for defendant, and plaintiff brings error.
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Okla. T. Error from District Court, Canadian County; before C. F. Irwin, Judge. Action by the Tinkelpaxigh-Kimmel Hardware Company against the Minneapolis Threshing Machine Company. Judgment for defendant, and plaintiff brings error. On December 9, 1904, the Tinkelpaugh-Kimmel Company, plaintiff in error, filed its amended petition in the district court of Canadian county against the Minneapolis Threshing Machine Company, ■ defendant in error, which, omitting the caption, is as follows : “Comes now the said plaintiff, and for cause of action against -the said defendant alleges that the said…
1Opinion of the CourtTurner, J.
(after stating the facts as above). From the face of this pleading it appears that the contract therein set forth and sought to be recovered on was in parol and void under our statute of frauds, which reads as follows:
“The following contracts are invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged, or by his agent. * * * An agreement for „ the sale of goods, * * * at a price not less than fifty dollars, unless the buyer accept or receive part of such goods and chattels. * * * ” (Wilson’s Rev. & Ann. St. § 780.)
It, therefore,…
2Cases cited13 opinions
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Stone v. . BrowningNew York Court of Appeals · 1877
- Grant v. MilamSupreme Court of Oklahoma · 1908
- Allard v. . GreasertNew York Court of Appeals · 1874
- Johnson v. CuttleMassachusetts Supreme Judicial Court · 1870
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3Cited by3 opinions
- Crabtree v. Eufaula Cotton Seed Oil Co.Supreme Court of Oklahoma · 1912
- Altoona Portland Cement Co. v. BurbankSupreme Court of Oklahoma · 1914
- Conelly Const. Co. v. RoyceSupreme Court of Oklahoma · 1913