SUDIK v. SPAETH

No. 36461.

276 P.2d 237 (1954)

Herbert SUDIK, Zula Marie Sudik, W.T. Tunderburk, surviving partner, d/b/a Gilliland Land Company, Plaintiffs in Error, v. Ervin F. SPAETH, Vaughn X. Spaeth, Paul L. Spaeth, Ervin L. Spaeth, James N. Spaeth, Roy M. Heffley and The First National Bank and Trust Company, a corporation, Defendants in Error.

Supreme Court of Oklahoma.

November 3, 1954.


Attorney(s) appearing for the Case

Renegar & Renegar, Oklahoma City, for plaintiffs in error.

Washington, Thompson & Wheeler, Oklahoma City, for defendants in error.


WILLIAMS, Justice.

Plaintiffs brought an action on a contract and on trial to the court the defendants Ervin F. Spaeth et al., moved for a judgment on the pleadings and opening statement of counsel. This motion was granted and judgment entered for defendants as prayed for in the motion.

Plaintiffs filed a motion for new trial and attempt to appeal from the order overruling the same. It is conceded that if the appeal is not properly perfected from the order...

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