Legal Opinion

Elwood Oil & Gas Co. v. McCoy

Supreme Court of Oklahoma

Decided February 25, 1919No. 8969PublishedCited by 14 opinions

Error from District Court, Tulsa County; W. J. Campbell, Judge. Action by C. M. BlcCoy and J. K. Gano, partners under the firm name of McCoy & Gano, against the Elwood Oil & Gas Company. Judgment for plaintiffs, and defendant brings error.

1Opinion of the CourtHardy, C. J.

C. M. McCoy and J. K. Gano, as partners, brought this action against Elwood Oil & Gas Company, to recover the value of certain work performed by them in drilling an oil well for defendant, and recovered judgment, from which defendant prosecutes error.

At the conclusion of all the evidence and over the objection of defendant, by leave of court plaintiffs amended their petition so as to pray judgment for the value of the services furnished. In permitting this the court committed error. No issue was joined on the petition as amended, nor further evidence offered, and the cause was submitted to…

2Cases cited5 opinions

  1. United States v. BehanSupreme Court of the United States · 1884
  2. Limerick v. LeeSupreme Court of Oklahoma · 1906
  3. Thompson & Son v. BrownSupreme Court of Iowa · 1898
  4. Letcher v. MaloneySupreme Court of Oklahoma · 1918
  5. First Nat. Building Co. v. VandenbergSupreme Court of Oklahoma · 1911

3Cited by14 opinions

  1. Boswell v. Travelers Indemnity Co.New Jersey Superior Court Appellate Division · 1956
  2. Knupp v. HubbardSupreme Court of Oklahoma · 1928
  3. Holiday Oil Co. v. SmithSupreme Court of Oklahoma · 1924
  4. Guidice v. BD. OF REVIEW OF DIV. OF EMPL. SEC.New Jersey Superior Court Appellate Division · 1951
  5. Heindselman v. HarperSupreme Court of Oklahoma · 1923

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