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Fortner v. Wilson
Oklahoma Supreme Court
202 Okla. 563, 216 P.2d 299 (1950)
- Written by Alex Ruskell, JD
Facts
R.C. Wilson (plaintiff) entered into a sales contract with J.W. Fortner (defendant) for a new Chevrolet car. Fortner then told Wilson that Wilson would need to deliver a trade-in car to Fortner before Fortner would complete the sale. Wilson refused to deliver a trade-in, paid the full purchase price for the Chevrolet, and demanded delivery. Fortner refused to give Wilson the car. Wilson sued, later filing an election of remedy that asked for specific performance of the contract. Wilson argued that new Chevrolets were not available on the open market at the time and could only be obtained at great expense and inconvenience.
Rule of Law
Issue
Holding and Reasoning (Halley, J.)
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