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SCHMOLDT v. OAKLEY

No. 40367.

390 P.2d 882 (1964)

Hans SCHMOLDT and Jimmie L. Schmoldt, husband and wife, and Hans Schmoldt doing business as Schmoldt Engineering Services Company of Bartlesville, Oklahoma, and Charley Hawkins, Plaintiffs in Error, v. Cecil OAKLEY, doing business as Oakley Pontiac-Buick Motor Company of Bartlesville, Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

March 17, 1964.

Attorney(s) appearing for the Case

Holliman, Brewer & Worten, Bartlesville, for plaintiffs in error.

Harris & Graham, Bartlesville, for defendant in error.

WELCH, Justice.

In 1961 plaintiff sold a new Pontiac automobile to Hans Schmoldt, defendant, delivering with it a warranty covering the first 12,000 miles that the car was driven. There was a transmission failure after the car had been driven approximately 30,000 miles which resulted in expense of $561.00 for repair thereof for which sum defendant made claim to plaintiff, exhibiting him a letter which he prepared to send...

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