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JONES v. GOLDBERGER

No. 37555.

323 P.2d 344 (1958)

Norman V. JONES and Ted Smart, Plaintiffs in Error, v. Harry GOLDBERGER, Defendant in Error.

Supreme Court of Oklahoma.

March 11, 1958.

Attorney(s) appearing for the Case

Sanders, McElroy & Smith, Tulsa, for plaintiffs in error.

James B. Coppedge and O.C. Essman, Tulsa, for defendant in error.

JACKSON, Justice.

This is an action to recover the down payment of $2,500 on a contract to purchase a flower business. The action is based upon the seller's alleged fraud. The suit was instituted by one of the buyers, Norman V. Jones, against the seller, Harry Goldberger, and the other buyer, Ted Smart, was joined as a party defendant. The defendant Goldberger cross-petitioned against both buyers for $4,000, the unpaid balance...

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