RUCKER v. TIETZ

No. 39865.

376 P.2d 341 (1962)

Hayden RUCKER, Jr., Plaintiff in Error, v. Herbert R. TIETZ, Defendant in Error.

Supreme Court of Oklahoma.

November 20, 1962.


Attorney(s) appearing for the Case

Boatman, Pugsley & Boatman, by Edgar R. Boatman, Okmulgee, for plaintiff in error.

Richard A. Hays, Henry M. Beidleman, Okmulgee, Champ Graham, Emporia, Kan., for defendant in error.


JOHNSON, Justice.

The defendant in error, hereafter referred to as plaintiff, filed his petition against defendant alleging that he purchased on July 29, 1959, thirty-five head of "springer heifers" from the defendant by written contract; that defendant expressly represented and warranted orally that said heifers had been bred to an Angus bull and would calve from October 10th to about December 15, 1959; that such representations...

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