BROOK v. JAMES A. CULLIMORE & CO.

No. 41583.

436 P.2d 32 (1967)

Edward E. BROOK, Plaintiff in Error, v. JAMES A. CULLIMORE & CO., a co-partnership composed of James A. Cullimore and Kelvyn H. Cullimore, Defendants in Error.

Supreme Court of Oklahoma.

December 26, 1967.


Attorney(s) appearing for the Case

J.B. Beaird, Oklahoma City, for plaintiff in error.

Dean Williamson, W. Samuel Dykeman, Oklahoma City, for defendants in error.


McINERNEY, Justice.

The question dispositive of this appeal is whether in a replevin action the defeated litigant in possession of property whose recovery is sought may 1) elect to retain that property as his own, against the will of the successful party; 2) impose his election by requiring the trial court to render an alternative money judgment against him; and 3) avoid delivery of the property by tendering its value as set...

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