BARNES v. McKINNEY

No. 50172.

589 P.2d 698 (1978)

Jack BARNES, Appellee, v. Carl D. McKINNEY, Appellant.

Court of Appeals of Oklahoma, Division 2.

Rehearing Denied October 30, 1978.

Certiorari Denied January 15, 1979.

Released for Publication January 18, 1979.


Attorney(s) appearing for the Case

Frank M. Hagedorn, Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, Tulsa, for appellee.

Prichard, Norman, Reed & Wohlgemuth, Tulsa, for appellant.


Released for Publication by Order of Court of Appeals January 18, 1979.

BRIGHTMIRE, Judge.

Action to recover for breach of home construction contract and fraud in obtaining final payment. Trial court required an election of theories and jury returned verdict for plaintiff on the fraud count. Defendant appeals from a judgment on such verdict.

Despite the commission of critical errors against him plaintiff achieved a $4,000 jury verdict. Defendant, Carl...

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