No. 38634.

351 P.2d 307 (1960)

Alan R. KENISON et ux., Plaintiffs in Error, v. D.D. BALDWIN, doing business as Baldwin Construction Company, Defendant in Error.

Supreme Court of Oklahoma.

April 5, 1960.

Attorney(s) appearing for the Case

Sidney M. Massie, Oklahoma City, for plaintiffs in error.

V.E. Stinchcomb, Oklahoma City, for defendant in error.


The parties herein will be referred to by their trial court designations. The plaintiff, D.D. Baldwin, d/b/a Baldwin Construction Company, brought this action to recover balance due on a building contract for the construction of a residence for the defendants and also for the balance sale price on the lot on which the house was built.

The plaintiff in the first cause of action alleged in substance that...

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