Weller v. Dusky
Supreme Court of Oklahoma
Error from County Court, Garfield County; Winfield Scott, Judge. Action by W. E. Dusky against Frank Weller. Judgment for plaintiff, and defendant brings error. The plaintiff below brought suit upon an open account for work and labor performed as a painter and for material furnished.
Read the full summary
Error from County Court, Garfield County; Winfield Scott, Judge. Action by W. E. Dusky against Frank Weller. Judgment for plaintiff, and defendant brings error. The plaintiff below brought suit upon an open account for work and labor performed as a painter and for material furnished. Defendant below, by his answer, admits the account, but claims he sold the plaintiff a certain town lot for $325, and accepted the plaintiff’s account as part payment, and agreed to furnish additional work to the plaintiff in an amount sufficient to finish paying for said lot, and that he complied with his…
1Opinion of the Court
Opinion by
BOWLES, C.
(after stating the facts as above). The court below tried this case upon the theory that an oral contract for the .sale of land, being within the statute of frauds, was illegal and void, yet, if the vendor was ready and willing to carry out his verbal contract, and deed the land in accordance therewith, he could not be compelled to refund money advanced thereunder, the same being part of the consideration, on the ground that, in the first instance, he could not be compelled to specifically perform the contract of sale. Obviously, this is true; otherwise the statute of…
2Cases cited2 opinions
- First Nat. Bank of Tishomingo v. IngleSupreme Court of Oklahoma · 1912
- Schechinger v. GaultSupreme Court of Oklahoma · 1913
3Cited by13 opinions
- Brownell v. MooreheadSupreme Court of Oklahoma · 1917
- Cushing Refining & Gasoline Co. v. DeshanSupreme Court of Oklahoma · 1931
- Newton v. AllenSupreme Court of Oklahoma · 1917
- Buck Creek Coal Mining Co. v. JohnsonSupreme Court of Oklahoma · 1947
- Automotive Material Co. v. American Standard Metal Products Corp.Appellate Court of Illinois · 1924
8 more not listed; retrieve them via the Exa API.