Baker v. Nichols & Shepard Co.
Supreme Court of Oklahoma
Error from the Prohate Court of Blaine Countyj before W. E. Bowdre, Prohate Judge, STATEMENT OF THE CASE. This action was commenced in the probate court oi Blaine county by the defendant in error against the plaintiff in error, upon the first of a series of promissory notes given for a threshing machine and engine.
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Error from the Prohate Court of Blaine Countyj before W. E. Bowdre, Prohate Judge, STATEMENT OF THE CASE. This action was commenced in the probate court oi Blaine county by the defendant in error against the plaintiff in error, upon the first of a series of promissory notes given for a threshing machine and engine. The defendant answered that the machine was purchased under a written contract, the material parts of which are as follows; . “This machinery is purchased and soiu subject to the following express warranty and agreement, and none other, viz.: That said machinery is well made, of…
1Opinion of the Court
Opinion of the court by
McAtbe, J.:
The action of the probate court was erroneous. Evidence was offered to sustain every essential point which entitled the defendant to a judgment, and the court should have permitted the case to go to the jury to be determined, and should not have directed the jury to return a verdict for the plaintiff.
Where evidence has been given supporting all the points necessarily involved in the conclusion to which a jury might reasonably come upon controverted questions of fact, it is not in the province of the trial judge to take a case from the jury, and he ought not…
2Cases cited5 opinions
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
- Nichols & Shepard Co. v. WiedemannSupreme Court of Minnesota · 1898
- Champion Machine Co. v. MannSupreme Court of Kansas · 1889
- Massachusetts Loan & Trust Co. v. WelchSupreme Court of Minnesota · 1891
- Flatt v. D. M. Osborne & Co.Supreme Court of Minnesota · 1885
3Cited by17 opinions
- Cooper v. FlesnerSupreme Court of Oklahoma · 1909
- Harris v. Misssouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
- Littlejohn v. Midland Valley R. Co.Supreme Court of Oklahoma · 1915
- Bank of Commerce of Ralston v. GaskillSupreme Court of Oklahoma · 1914
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