Oklahoma Reports Volume 40

Oklahoma Reports Volume 40

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... acceptance of the offer, and that the inquiry as to the time from which the purchase should.date, or as to the fences, was not a new term preventing the letter from forming a binding contract. The refusal of the court to give instructions Nos. 3 and 6, requested_by defendant, and the granting on his ovn motion of instruction No. 11, are assigned as error. We are 'of the opinion that the instructions given by the court properly state the law, and cover the law as requested by defendant, although not in the same language. Instruction No. 1. given by the court, is as follows: "Gentlemen of the jury, if you should find the issues in this case in favor of the plaintiffs, the plaintiffs would be entitled to recover the principal amount sued for, together with 6 per cent. interest thereon from March 13. 1909. to date." It is contended by the defendant that the court in this instruction invaded the province of the jury, in that the court, by this instruction, told the jury if the verdict should be in favor of the plaintiflfs that it must be for the entire amount sued for, to wit, $650, with 6 per cent. interestfetc. Vhile the general denial of defendant's answer sufiiciently presented an issue as to the value of the services, the plaintifi John H..Iiller and witnesses Pettus and Rose each testified that the customary rate of commission on the sale of real estate in Tulsa at that time was 5 per cent. for the first thousand dollars and 2% per cent. on all over a thousand dollars, and no witnesses testified to the contrary. We do not believe that the substantial rights of the defendant were aifected by the giving of instruction No. 11. It has been repeatedly held that a judgment would not be reversed on account of errors committed...
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Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236904362
  • 9781236904362