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Clevenger v. Moore

Supreme Court of Oklahoma
259 P. 219 (1927)


Facts

Clevenger (plaintiff) owned a building in Bartlesville, Oklahama, and was asked by Peay if she would trade the property for an apartment building in Tulsa owned by J.D. Simmons. Clevenger executed a deed and gave it to Peay to hold in escrow until she had inspected the apartment building. Clevenger did not approve the trade after inspecting the apartment building. Clevenger left Bartlesville for about a month and returned to find that the deed she executed had been recorded by J.D. Simmons. Simmons had executed a second deed conveying Clevenger’s property to Moore (defendant). Clevenger brought suit to reclaim possession of the property and rescind her deed to Simmons and Simmons’ deed to Moore. The trial court granted Moore’s motion to dismiss Clevenger’s complaint on grounds that it failed to state a claim for which relief could be granted. Clevenger appealed.

Rule of Law

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Issue

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Holding and Reasoning (Diffendaffer, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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