Legal Opinion

McAlister v. Kelein

Supreme Court of Oklahoma

Decided May 17, 1921No. 9636PublishedCited by 3 opinions

Error from District Court, Oklahoma County; John W. Hayson, Judge. Action by W. C. McAlister, against J. B. Klein and William Klein, individually and as partners under the firm name of J. B. Klein Iron & Foundry Company, to recover damages for a breach of contract. Judgment for the defendants, -and plaintiff appeals.

1Opinion of the CourtMiller, J.

This action was commenced in the district court of Oklahoma county by W. 0. McAlister, plaintiff, against J. B. Klein Iron & Foundry Co., a partnership, compos-of J. B. Klein and William Klein, as defendants, to recover damages for the breach of a contract in failing to furnish certain structural steel for the erection of five bridges in Bryan county, Oklahoma. The case was tried to a jury, and the verdict was in favor of the defendants. Plaintiff filed his motion for a new trial, which was overruled by the court and judgment rendered on the verdict in favor of the defendants, to reverse…

2Cases cited4 opinions

  1. Burton v. United StatesSupreme Court of the United States · 1906
  2. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  3. Egger v. NesbittSupreme Court of Missouri · 1894
  4. A. & J. Trounstine & Co. v. SellersSupreme Court of Kansas · 1886

3Cited by3 opinions

  1. Worms v. BurgessCourt of Civil Appeals of Oklahoma · 1980
  2. Eagle Life Ins. Co., Inc. v. RushSupreme Court of Oklahoma · 1992
  3. Stebel v. United StatesUnited States Court of Claims · 1947

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