SMITH v. OWENS

No. 39663.

397 P.2d 673 (1963)

Glenn J. SMITH, Bess L. Smith, El Gato Investment Company, a dissolved corporation, and C. E. Watson, Ethel Windsor Watson and Pauline Parrish, Successor Trustees of El Gato Investment Company, a dissolved corporation, and not individually, Plaintiffs in Error. v. O. O. OWENS, C. E. Watson, Ethel Windsor Watson and Pauline Parrish, individually, Defendants in Error.

Supreme Court of Oklahoma.

As Corrected November 4, 1964.

Rehearing Denied November 4, 1964.

Application for Leave to File Second Petition for Rehearing Denied January 5, 1965.


Attorney(s) appearing for the Case

N. E. McNeill, Jr., R. H. Wills, Jr., R. H. Wills, Sr., Tulsa, for plaintiffs in error, Glenn J. Smith and Bess L. Smith.

Fenelon Boesche, R. B. McDermott, T.H. Eskridge, F. D. Hettinger, D. E. Hammer, R. J. Scott, of Williams, Boesche & McDermott, Tulsa, for plaintiffs in error, El Gato Investment Company, a dissolved corporation, and C. E. Watson, Ethel Windsor Watson and Pauline Parrish, successor trustees of El Gato Investment Company, a dissolved corporation, and not individually, and defendants in error, C.E. Watson, Ethel Windsor Watson and Pauline Parrish, individually.

Hudson, Hudson, Wheaton, Kyle & Brett, Tulsa, for defendant in error, O.O. Owens.


PER CURIAM.

The case of Owens v. El Gato Investment Company, Okl., 332 P.2d 22, involved an action wherein El Gato Investment Company, hereinafter referred to as El Gato, brought an action against O.O. Owens to recover damages for breach of a land purchase contract. Owens counter claimed for specific performance and for cancellation of deeds to pendente lite purchasers. The trial court rendered...

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