Northwest Thresher Co. v. McNinch
Supreme Court of Oklahoma
lirror from District Court, •Canadian County; John J. Carney, Judge. Action by the Northwest Thresher Company against W. E. McNinch. Judgment for defendant, and plaintiff brings error.
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lirror from District Court, •Canadian County; John J. Carney, Judge. Action by the Northwest Thresher Company against W. E. McNinch. Judgment for defendant, and plaintiff brings error. On the 26th day of September, 1906, the Northwest Thresher Company instituted this suit on a promissory note for $150. It appears from the record that the plaintiff, through its agent, George Gill, took an order from one J. R. McClung, for a threshing machine; under the terms of said order he was required to furnish farmers’ notes in the sum of $1,000 as collateral security to said indebtedness, payable…
1Opinion of the Court
Opinion by
RITTENHOUSE, C.
There are numerous assignments of error presented by plaintiff, but it will only be necessary for us to consider two of the questions raised. (1) Did the court abuse its discretion in allowing defendant to amend its answer by alleging mutual mistake of law, after the evidence was submitted and the opening .argument of defendant closed? (2) Did the evidence offered by the deféndant prove the allegations of mutual mistake of law? The answer of defendant was amended four times before trial, three times during trial, and once during the argument.
The trial court abused its…
2Cases cited19 opinions
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Sherwood v. WalkerMichigan Supreme Court · 1887
- Page v. HigginsMassachusetts Supreme Judicial Court · 1889
- Hannah v. SteinmanCalifornia Supreme Court · 1911
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
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3Cited by17 opinions
- Newsom v. StarkeyCourt of Appeals of Texas · 1976
- Boyle v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1921
- Krieger v. MarshallSupreme Court of Oklahoma · 1956
- City of McAlester v. KingSupreme Court of Oklahoma · 1957
- Firemen's Fund Ins. Co. v. BoxSupreme Court of Oklahoma · 1926
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