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ALBERT & HARLOW, INC. v. FITZGERALD

No. 40214.

389 P.2d 994 (1964)

ALBERT & HARLOW, INC., a corporation, Plaintiff in Error, v. Robert W. FITZGERALD, an individual, Defendant in Error.

Supreme Court of Oklahoma.

February 25, 1964.

Attorney(s) appearing for the Case

Sam P. Daniel, Jr., John L. Arrington, Jr., Lupardus, Holliman & Huffman, Tulsa, for plaintiff in error.

Paul & Montgomery, Durant, for defendant in error.

IRWIN, Justice.

Albert & Harlow, Inc., hereinafter referred to as plaintiff, commenced this action against Robert W. Fitzgerald, to recover a money judgment based on a written contract for the rental of a cat-tractor. The matter was tried to the court and judgment was rendered for the defendant. Plaintiff appeals from the order overruling its motion for a new trial.

PLEADINGS

Plaintiff alleged, inter...

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