Oklahoma Reports; Cases Determined in the Supreme Court of the State of Oklahoma Volume 40

Oklahoma Reports; Cases Determined in the Supreme Court of the State of Oklahoma 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: ...letter plaintiff replied by letter as follows: "Dear Sir: I had not wished to give so much, but have decided to accept Mr. Hughes' offer and will give you the 2,000 . he asks for the freehold of the Wray property. I would like to know from what time Mr. Hughes wishes the purchase to date. The amount of your check for the rent is. You do not mention fences, but I would be obliged if they may be seen to at once, as they really need attention." No reply was made to this letter. Held, that the letter of the plaintiff was a complete 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 own motion of instruction No. 11, are assigned as error. Ve 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. 11, 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 plaintiffs that it must be for the entirc amount sued for, to wit, $650, with 6 per cent. interest, etc. VVhile the general denial of defendant's answer sufficiently...show more

Product details

  • Paperback | 306 pages
  • 189 x 246 x 16mm | 549g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236777220
  • 9781236777225