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MERCHANTS DELIVERY SERVICE, INC. v. JOE ESCO TIRE CO.

No. 45827.

533 P.2d 601 (1975)

MERCHANTS DELIVERY SERVICE, INC., a corporation, and Louise Schwab, Incompetent, who sues by and through her legally appointed guardian, Chris Schwab, Jr., Appellants, v. JOE ESCO TIRE CO., a corporation, and J.B. Mason, Appellees.

Supreme Court of Oklahoma.

March 11, 1975.

Attorney(s) appearing for the Case

Rinehart, Cooper & Stewart by Patricia Sellers, Oklahoma City, for appellants.

Melvin F. Pierce, Oklahoma City (Pierce, Duncan, Couch & Hendrickson, Oklahoma City, of counsel), for appellees.

DAVISON, Justice:

Merchants Delivery Service, Inc., and Louise Schwab, Incompetent, plaintiffs below, appeal from an order and judgment of the trial court sustaining the general demurrers of the defendants Joe Esco Tire Co., and J.B. Mason to plaintiffs' petition, and dismissing plaintiffs' alleged cause of action when plaintiffs elected to stand on their petition and not make any amendment of the same.

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