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MORGAN v. BATES

No. 40366.

390 P.2d 486 (1964)

Daniel K. MORGAN, Plaintiff in Error, v. Rose Ann BATES, Defendant in Error.

Supreme Court of Oklahoma.

March 17, 1964.

Attorney(s) appearing for the Case

Gordon L. Patten, Tulsa, for plaintiff in error.

Heskett & Heskett, Bartlesville, C. Lawrence Elder, Tulsa, for defendant in error.

PER CURIAM:

The plaintiff in her petition sought to recover $433,624.55 actual damages and $25,000.00 exemplary damages. A jury was waived, and the cause tried to the court. At the close of the evidence the trial court rendered judgment of $75,000.00 actual damages and $1,000.00 exemplary damages for the plaintiff. The appeal is only from the $1,000.00 exemplary damages. 23 O.S. 1961 § 9 provides as follows:

"In any action for the breach of an obligation...

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