Hale v. Van Buren, Heck & Marvin Co.
Supreme Court of Oklahoma
Error from Disirid Court, Comanche County; F. E. Gillette, Judge. Action by the Van Burén, Heck & Marvin Company against J. E. Hale and others. Judgment for plaintiff, and defendants bring error.
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Error from Disirid Court, Comanche County; F. E. Gillette, Judge. Action by the Van Burén, Heck & Marvin Company against J. E. Hale and others. Judgment for plaintiff, and defendants bring error. On .the 23 day of August, 1905, the defendant in error, as plaintiff, began its action in the district court of Comanche county, territory of Oklahoma, against the plaintiffs iii error, John E. Tlal'e and George W. Broe, as defendants, declaring in its petition on three certain promissory notes, each in the 'sum of $1,-583.60, dated November 19, 1904, and due, respective!}7, three, six, .and nine…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). The question involved in this case is as to whether or not the plaintiffs in error are in a position under this record to avail themselves of the condition of ivarranty.
There is no dispute that the plaintiffs in error did not give the written notice to the defendant in error at its home office at Findlay, Ohio, by registered letter, or any written notice to the local or general agent through whom the machine was received (for it was not received through any local or general agent), stating particularly what parts were defective and wherein the warranty…
2Cases cited7 opinions
- Nichols & Shepard Co. v. WiedemannSupreme Court of Minnesota · 1898
- Baker v. Nichols & Shepard Co.Supreme Court of Oklahoma · 1901
- Davis' Sons v. RobinsonSupreme Court of Iowa · 1885
- Champion Machine Co. v. MannSupreme Court of Kansas · 1889
- Massachusetts Loan & Trust Co. v. WelchSupreme Court of Minnesota · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- Continental Gin Co. v. SullivanSupreme Court of Oklahoma · 1915
- Port Huron Engine & Thresher Co. v. BallSupreme Court of Oklahoma · 1911
- J. I. Case Threshing Machine Co. v. TateSupreme Court of Colorado · 1921
- Reitan v. WilkinsonSupreme Court of Oklahoma · 1932