O.C.T. EQUIPMENT v. SHEPHERD MACHINERY CO.

No. 100,418.

95 P.3d 197 (2004)

2004 OK CIV APP 61

O.C.T. EQUIPMENT, INC., an Oklahoma corporation, Plaintiff/Appellee, v. SHEPHERD MACHINERY CO., a foreign corporation, Defendant/Appellant, and Caterpillar Redistribution Systems, Inc., a foreign corporation, Defendant.

Court of Civil Appeals of Oklahoma, Division No. 1.

June 18, 2004.


Attorney(s) appearing for the Case

G. Neal Rogers, Dunlap, Codding & Rogers, P.C., Oklahoma City, OK, for Plaintiff/Appellee.

David A. Cheek, A. Michelle Campney, McKinney & Stringer, P.C., Oklahoma City, OK, for Defendant/Appellant.


Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

KENNETH L. BUETTNER, Presiding Judge.

¶ 1 Defendant/Appellant Shepherd Machinery Co. (Shepherd) appeals from summary judgment granted in favor of Plaintiff/Appellee O.C.T. Equipment, Inc. (O.C.T.). A tractor which O.C.T. agreed to buy from Shepherd was damaged while in the possession of a bailee. The damage occurred before the bailee had acknowledged O.C.T.'s...

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