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McMichael v. Price

58 P.2d 549 (1936)

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McMichael v. Price

Oklahoma Supreme Court

58 P.2d 549 (1936)

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Facts

Price (plaintiff) operated Sooner Sand Co., a business in which he bought sand in the Tulsa, Oklahoma area and sold it to other locations. McMichael (defendant) produced sand in Tulsa. Price entered into a contract to buy “all the sand [he could] sell” from McMichael. McMichael agreed to furnish Price with all the sand Price could sell, provided the sand met minimum quality standards. In return, Price agreed to pay McMichael sixty percent of the current market price per ton of the sand at the place of destination of the shipment. The contract was to last for ten years. Both parties agreed to these terms and began performance of the contract. McMichael breached the contract by failing to perform, and Price brought suit against McMichael in the district court in Tulsa county seeking damages. At trial, the jury awarded Price $7,512.51. The trial judge ordered a remitter of $2,500, which was filed. The trial judge then entered judgment upon the verdict awarding $5,012.51 to Price. McMichael appealed.

Rule of Law

Issue

Holding and Reasoning (Osborn, V.C.J.)

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