Legal Opinion

Muskogee Co. v. Yahola Sand Co.

Supreme Court of Oklahoma

Decided July 25, 1916No. 6474PublishedCited by 6 opinions

Error from District Court, Muskogee County ; It. P. de Graffenried, Judge. Action by the Yahola Sand Company against the Muskogee Company. There was judgment for the plaintiff; the defendant brings error.

1Opinion of the Court

Opinion by

GALBRAITH, C.

The Muskogee Company, the plaintiff in error, was a construction company, and was under contract with the People’s Electric Railway Company to construct and equip a line of railway from the city of Muskogee to the town of Ft. Gibson, a distance of 40 miles. This action was commenced in the trial court by the defendant in error against the plaintiff in error, to recover damages for a breach of the following contract:

“Muskogee, Oklahoma, November 2, 1911.
“Muskogee Company, owning and opeiating the People’s Electric Railway Company, first party, and the Yahola Sand…

2Cases cited5 opinions

  1. United States v. BehanSupreme Court of the United States · 1884
  2. Zabriskie v. Cleveland, Columbus, & Cincinnati RailroadSupreme Court of the United States · 1860
  3. Crowder State Bank v. Aetna Powder Co.Supreme Court of Oklahoma · 1913
  4. Ft. Smith W. R. Co. v. WilliamsSupreme Court of Oklahoma · 1912
  5. First Nat. Building Co. v. VandenbergSupreme Court of Oklahoma · 1911

3Cited by6 opinions

  1. Lawton Refining Co. v. HollisterSupreme Court of Oklahoma · 1922
  2. Baker & Strawn v. Miller & Jones Bros.Supreme Court of Oklahoma · 1925
  3. Chorn v. WilliamsSupreme Court of Oklahoma · 1940
  4. Stearnes Co. v. RobinsSupreme Court of Oklahoma · 1926
  5. Davies v. SutherlandSupreme Court of Oklahoma · 1926

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