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BAILEY v. SMITH

Nos. 7394, 7395.

14 F.2d 519 (1926)

BAILEY v. SMITH et al. SMITH et al. v. BAILEY.

Circuit Court of Appeals, Eighth Circuit.

August 2, 1926.

Attorney(s) appearing for the Case

N. A. Gibson, A. A. Davidson, and J. L. Hull, all of Tulsa, Okl. (H. J. Swarts and West, Gibson, Sherman, Davidson & Hull, all of Tulsa, Okl., on the brief), for Fredrick W. Bailey.

George S. Ramsey, of Tulsa, Okl. (A. J. Lindsay, of New York City, Edgar A. de Meules and Villard Martin, both of Tulsa, Okl., on the brief), for Smith and Oklahoma Co.

Before BOOTH, Circuit Judge, and TRIEBER and PHILLIPS, District Judges.

TRIEBER, District Judge (after stating the facts as above).

The only questions involved are questions of facts. The alleged contract or agreement sued on was oral. The evidence was oral, although a large number of letters and telegrams between Bailey and Smith was introduced.

The burden of proof was on the plaintiff to establish the alleged contract. Whether it is sufficient to establish it by a mere preponderance of the evidence, or can only be established...

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