COMMERCE ACCEPTANCE OF OKLAHOMA CITY v. HENDERSON

No. 41600.

446 P.2d 297 (1968)

COMMERCE ACCEPTANCE OF OKLAHOMA CITY, INC., a corporation, Plaintiff in Error, v. Elmer E. HENDERSON and Lavona M. Henderson, Defendants in Error.

Supreme Court of Oklahoma.

October 1, 1968.


Attorney(s) appearing for the Case

Paul L. Washington, Oklahoma City, for plaintiff in error.

Ungerman, Grabel, Ungerman & Leiter, Tulsa, for defendants in error.


BERRY, Justice.

Plaintiff in error, as alleged assignee and holder in due course, sued defendants in error for the balance due upon a note. Defendants denied execution of any note such as that sued upon, and further plead failure of consideration, fraud and misrepresentation. A jury trial resulted in a verdict for defendants, upon which the judgment appealed from was rendered.

The petition alleged defendants' execution...

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