Z.D. HOWARD COMPANY v. CARTWRIGHT

No. 46802.

537 P.2d 345 (1975)

Z.D. HOWARD COMPANY, Appellee, v. Tommy J. CARTWRIGHT and Kerry Cartwright, Appellants.

Supreme Court of Oklahoma.

June 17, 1975.


Attorney(s) appearing for the Case

Donald D. Thompson, Sapulpa, and Joe A. Moore, Memphis, Tenn., of counsel on the brief, for appellants.

Watson & Watson, by Charles D. Watson, Jr., Drumright, for appellee.


HODGES, Vice Chief Justice.

The question presented by this appeal is whether exemplary damages are allowable under Appellant's cross-petition.

Appellee contends that Appellant's cross-petition is nothing more than an action for breach of a contract, and cites the general rule, supportive by our statute, 23 O.S. 1971 § 9, that exemplary damages are not recoverable in action arising from contract.

Appellants...

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