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Oklahoma Fraud Law
 
Randall Silver v. Christine Annette Slusher

1 The dispositive issue is whether the terms of 36 O.S. 1981 3636 1 impose an affirmative duty upon insurers to provide an explanation of uninsured motorist coverage [UMC] to the named insureds as an indispensable precondition for a statutorily effective rejection. We answer in the negative.

2 Randall and Mikala Silver [insureds or the Silvers] were named insureds of an automobile ins... More...
   $0 (02-28-1989 - OK)

Divid Landon Speed v. JMA Energy Company, LLC

Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Plaintiff David Landon Speed filed a petition (the Petition) in the District Court of Hughes County, Oklahoma, asserting a putative class action against defendant JMA Energy Company, LLC. He alleged that JMA had willfully violated an Oklahoma statute that requires payment of interest on delayed payment of revenue
2
from oil and gas production. He further asserted that JMA fraudulently conc... More...
   $0 (10-02-2017 - OK)

Brandon Michael Gibby v. Hobby Lobby Stores, Inc.

Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

1 This appeal determines the constitutionality of section 57 of the Administrative Worker's Compensation Act (AWCA), found at title 85A of the Oklahoma Statutes. Following a review of the record on appeal, the transcripts of the proceedings below, and the briefs of the parties and amici, this Court holds the forfeiture provision found at section 57 of title 85A violates the adequate remedy provis... More...   $0 (10-08-2017 - OK)

THOMAS C. KENKEL, M.D. and ROBERT GOLD, M.D., Plaintiffs/Appellees, v. JOSEPH PARKER a/k/a JOSEPH G. PARKER, Defendant/Appellant, and ROBERT BLANKENSHIP, M.D., CHRIS M. BOXWELL, M.D., WILLIAM BURNETT, M.D., JOHN CATTANEAO, M.D., ERIC ENGLES, M.D., MARSHA HOWERTON, M.D., FRANK FORE, M.D., BARBARA FRIES M.D., E. BRADLEY GARBER, M.D, ROBERT GARRETT, M.D., JOEY MANDUANO, D.O., WILLIAM SAWYER, M.D., VICKI BAKER, M.D., LANCE MILLER, M.D., Plaintiffs/Third Party Defendants/Intervenors.

1 The issue presented is whether shareholders, uninvolved in the management of a bankrupt corporation which was without workers' compensation insurance, may be held personally liable for a workers' compensation court award to an employee. We hold that, under such circumstances, shareholders cannot be held personally liable for the payment of the employee's workers' compensation award.

AL... More...
   $0 (11-30--0001 - OK)

Mercury Inv. Co. v. F.W. Woolworth Co.

1 The issue on certiorari is whether in a landlord's suit to terminate a shopping center lease for failure of consideration - based on the alleged breach of an implied covenant diligently to operate the business so as to trigger the percentage rental provisions - the trial court erred in granting summary judgment for the tenant. We [706 P.2d 527] answer in the negative and vacate the Court of App... More...   $0 (05-07-1985 - OK)

Wallace v. Smith

0 1. CONTRACTS - When partial failure of performance ground for rescission of contract. A partial failure of performance is grounds for the rescission of a contract, when such failure defeats the object of the contract, or when it concerns a matter of such importance that the contract would not have been made if default in that particular had been expected or contemplated.
2. APPEAL AND ERROR... More...
   $0 (12-11-1951 - OK)

Easterling v. Ferris

1 On or about March 5, 1974, plaintiff below/Appellee, Audra Easterling (hereinafter designated "Grantor") and her now deceased husband, Walter Easterling, entered into an oral contract with Grantor's brother, Scott Spear Ferris, now also deceased, to convey approximately 4.85 acres in Johnston County in consideration of a note in the principal amount of $30,000.00 at an interest rate of 6% per a... More...   $0 (09-14-1982 - OK)

Bonner v. Oklahoma Rock Crop.

1 The United States District Court for the Eastern District of Oklahoma Certified for this court's answer the following question posed pursuant to the Uniform Certification of Questions of Law Act, 20 O.S. 1991 1601 et seq.:

"What rights, if any, does the defendant, Oklahoma Rock Corporation, a Texas Corporation,1 presently hold concerning the subject tract,2 by reason of the document... More...
   $0 (10-12-1993 - OK)

Hart Industrial Supply Company v. Cleo Craig and Louis Yarmuk

0 1. EVIDENCE -- Parol evidence rule -- Application. The rule which excludes parol evidence when offered to contradict or vary the terms, provisions, or legal effect of written instruments has no application to collateral undertakings or cases in which the written instrument was executed in part performance of an entire oral agreement.
2. BILLS AND NOTES -- Partial failure of consideration p... More...
   $0 (06-29-1965 - OK)

Hart Industrial Supply Company v. Craig

0 1. EVIDENCE -- Parol evidence rule -- Application. The rule which excludes parol evidence when offered to contradict or vary the terms, provisions, or legal effect of written instruments has no application to collateral undertakings or cases in which the written instrument was executed in part performance of an entire oral agreement.
2. BILLS AND NOTES -- Partial failure of consideration p... More...
   $0 (06-29-1965 - OK)

A.A. Murphy, Inc. v. Banfield

0 1. In an action upon a negotiable promissory note, when the defendant-obligor admits the execution of the instrument and the amount due thereon, but by answer and counterclaim seeks to rescind the obligation, pursuant to which the note was executed, on the ground of fraud practiced upon him, tenders the benefits received under the contract, prays for restitution of money or property previously ... More...   $0 (07-25-1961 - OK)

Douglas v. Douglas

0 1. CONTRACTS - Failure to comply with promises to give mortgage is not "failure of consideration" such as to authorize rescission of deed.
The mere failure of a grantee to perform an agreement to execute a mortgage in the future to secure payment of the purchase price of land, which agreement formed the whole or a part of the consideration inducing the execution of a deed to the land, is no... More...
   $0 (12-23-1947 - OK)

Dunlap v. Orwig

0 1. CONTRACTS - Voidability for fraud - Contract valid until election to rescind.
Where a party brings an action upon the theory that he was fraudulently induced to enter into a contract he must elect either to rescind or affirm the contract; but until he so elects the contract continues valid. An agreement procured by fraud is voidable and not void.
2. SAME - Rescission of contract must... More...
   $0 (11-10-1947 - OK)

Minnie Marie Hopkins Silk v. Phillips Petroleum Company

1 Appeal from a jury verdict and judgment entered thereon against appellant, Phillips Petroleum Company (Phillips), for damages resulting from alleged fraudulent misrepresentation to plaintiff below, Minnie Marie Hopkins Silk (Silk). The jury apparently found that Phillips, acting through its agent, fraudulently induced Silk to sign an "option to renew clause" while she was executing a five-year ... More...   $0 (07-21-1988 - OK)

Green Tree Acceptance, Inc. v. James W. Andersn

1 Defendants lived in a log home on their approximately 20 acre homestead north of Jay, Oklahoma in Delaware County. Sometime before April 30, 1992, they entered into a contract to purchase a mobile home. They signed a promissory note for $26,214.50 to purchase the home. The note is not dated, and the exact date of its signing is disputed. The sellers assigned the note to Plaintiff, Green Tree Ac... More...   $0 (04-22-1999 - OK)

Robert E. Shipman v. Craig Ayers Chevrolet, Inc.

1 This is a suit for damages for conversion of an automobile and for punitive damages.

2 Defendant's verified Answer reads in its entirety:

"COMES now the defendant and for answer to the petition of the plaintiff filed herein denies each and every material allegation therein contained."

3 After the taking of depositions and the entering of a stipulation of facts by th... More...
   $0 (09-30-1975 - OK)

Deutsche Bank National Trust Co. v. David Daniel

1 In this tort and contract action growing out of a foreclosure, Defendant/Third-Party Plaintiff/Appellant David Daniel (Borrower)1 appeals a summary judgment granted in favor of Third-Party Defendant/Appellee Ameriquest Mortgage Company (Ameriquest). After review of the facts and the law, we affirm.

FACTS

2 On November 11, 2005, Borrower and Defendant/Third Party Plaintiff Dia... More...
   $0 (02-05-2009 - OK)

Richard Bowman and Dana Bowman v. Michael Presley, et al.

1 The dispositive issue tendered on certiorari is whether summary judgment was erroneously given to the defendant realtors and sellers. We answer this question in the affirmative. A buyer of real property may rely upon the positive representations of realtors and sellers about the size of the property to be conveyed. When a realtor or seller of real property makes material representations to a pu... More...   $0 (06-30-2009 - OK)

Wiley Hubbard and Vincent Nueggenborg v. Anny R. Broycson

1 This action was instituted on March 5, 1965, by Ann R. Bryson, hereinafter referred to as plaintiff, against Wiley Hubbard and Vincent Mueggenborg, hereinafter referred to as defendants, wherein plaintiff sought to cancel, vacate and set aside a purported agreement, hereinafter referred to, and to quiet title in plaintiff covering 160 acres of land in Canadian County, Oklahoma, described as the... More...   $0 (11-30--0001 - OK)

Raymond Webster v. G.H. Webb and Ruth Webb

0 In order to justify a reformation of a deed or contract the evidence must be full, clear, unequivocal and convincing as to mistake and its mutuality. Mere preponderance of the evidence is not enough. The proof must establish the facts to a moral certainty, and take the case out of the range of reasonable controversy.

In exercising appellate jurisdiction in a cause of equitable cognizan... More...
   $0 (05-21-1957 - OK)

Connelly Bros. v. Dunlap

0 1. Municipal Corporations--Street Improvements--Publication of Notice of Resolution of Necessity Sufficient Without Actual Notice to Owners of Property Assessed.
Notice of the resolution of necessity for street and alley improvements, published as required by section 5, chapter 173, S. L. Okla. 1923, sec. 6216, Okla. St. 1931, confers jurisdiction upon city authorities to construct such imp... More...
   $0 (12-18-1934 - OK)

L.Z. Gentry d/b/a Gentry Enterprises, Inc. v. American Motorist Insurance Company

1 In 1982, L.Z. Gentry, appellee/counter-appellant, began planning to construct a condominium project known as Rockwell Gardens. He contacted his insurance agent, Tom Lanthrop, agent for American Motorists Insurance Co., appellant/counter-appellee, concerning the purchase of an all-risk policy. Gentry had done business with Lanthrop as his insurance agent since about 1972. Gentry specifically ask... More...   $0 (01-18-1994 - OK)

Todd France v. Chaprell Jeep-Eagle Dodge, Inc.

1 Plaintiffs/Appellants Todd France and Kimberly France (the Frances) appeal from summary judgment granted to Defendants/Appellants Chaprell Jeep-Eagle Dodge, Inc. and Don Kite (Chaprell Jeep or Kite). The Frances filed suit alleging fraud after they discovered the new Dodge van they purchased from Chaprell Jeep had been partially repainted. Chaprell Jeep filed its motion for summary judgment arg... More...   $0 (10-06-1998 - OK)

Barry v. Orahood

0 1. FRAUD--Nondisclosure of facts constituting fraud.
A nondisclosure of facts which one party is under a legal or equitable obligation to communicate to the other, and which the other party is entitled to have communicated to him under the particular circumstances, may constitute fraud.
2. SAME--DEEDS--Action for cancellation of deed on ground of fraud--Finding that purchasers were guil... More...
   $0 (12-15-1942 - OK)

1 Harold and Barbara Uptegraft brought this action against Dome Petroleum Corporation and Atlas Oil, Inc., in the District Court of Oklahoma County. The petition alleged a single cause of action against each defendant. The cause of action against Atlas alleged plaintiffs were induced to give up their rights in two oil wells while uninformed of certain facts concerning established production they ... More...   $0 (11-15-1988 - OK)

N.C. Corff Partnership, Ltd. v. Oxy USA, Inc.

1 Plaintiffs appeal from the trial court's grant of summary judgment to Defendant, OXY USA, Inc. (OXY), in this action for alleged pollution of groundwater by OXY's operation of oil and gas wells on or near Plaintiffs' property. Plaintiffs also seek review of the trial court's ruling dismissing the general partners of N.C. Corff Partnership, Ltd. (Partnership) as parties to the case. We reverse a... More...   $0 (07-20-1996 - OK)

Jones v. Spencer

0 1. APPEAL AND ERROR-Sufficiency of evidence to support judgment in law action.
An action for the recovery of money is one of legal cognizance, in which the judgment will not be disturbed on appeal if the evidence reasonably tends to support the same.
2. BROKERS--Liability of real estate broker for misrepresentations of his salesman.
A real estate broker is liable for the misrepresen... More...
   $0 (10-22-1946 - OK)

Evalyn Tice v. Charles W. Tice

1 The question presented is whether a person, who induces another to marry by the oral promise to reimburse any lost alimony in the event of a subsequent divorce, is liable to pay alimony awarded under a previous divorce decree.

2 Evalyn (appellee-wife) and Charles Tice (appellant-husband) were married in Las Vegas, Nevada on December 31, 1979. Previously, Evalyn had received an alimony... More...
   $0 (11-22-1983 - OK)

Bankers Trust Company v. Joy R. Brown

1 Defendant, Joy R. Brown, appeals from the trial court's dismissal of her counter-claims against Bankers Trust Company, and her cross-claims against Saxon Mortgage, Inc. (collectively, Lenders). The issue on appeal is whether Defendant stated a cause of action against Lenders sufficient to withstand their motions to dismiss. Upon review of the pleadings and applicable law, we conclude that the t... More...   $0 (01-12-2005 - OK)

Glenn E. Bras v. First Bank & Trust Company of Sand Springs, Oklahoma

1 On May 26, 1976, Glenn E. Bras (petitioner or Bras) obtained an unsecured loan in the amount of $240,000 from First Bank & Trust Company of Sand Springs, Oklahoma (respondent or First Bank), for which sum he executed a promissory note. The single payment loan was made on a demand basis, with a maturity date of July 26, 1976, if demand was not made. Bras made a deferral payment on or about July ... More...   $0 (07-16-1985 - OK)

David Bruce McDermott v. Sentry Life Insurance Company, Inc. and Steven A. Marzett

1 We review this matter on reassignment from the Oklahoma Supreme Court pursuant to its order of April 12, 1999, vacating our opinion issued June 9, 1998, and directing us to reconsider this cause based upon the full trial court record and additional briefs submitted since the date of our opinion. Based on reconsideration of the record, the parties' briefs, the amicus brief submitted by the Unite... More...   $0 (01-24-2001 - OK)

Calhoun v. Fisher

0 1. FRAUD - Grounds constituting actionable fraud.
The grounds constituting actionable fraud are: (1) a material, false representation knowingly or recklessly made; (2) with the intention that same be acted upon; (3) plaintiff must have acted upon same and suffered injury thereby.
2. SAME - Gist of "fraudulent misrepresentation."
The gist of "fraudulent misrepresentation" is the prod... More...
   $0 (12-27-1949 - OK)

Morris v. McLendon

1 This action was filed in the district court of McCurtain county by Mrs. Sue B. Morris and her husband, H. C. Morris, against Mrs. Maggie McLendon and her husband, Jeff D. McLendon, as an action for damages. The cause went to trial before a jury, and after the introduction of all the evidence, the trial court sustained a motion of defendants for a directed verdict, from which order plaintiffs ha... More...   $0 (11-21-1933 - ok)

Charles D. Croslin, et al. v. Enerlex, Inc.

1 Charles D. Croslin,1 Glenn Croslin, and Irma Jean Gowin (plaintiffs) sued Enerlex, Inc. (defendant) seeking rescission of mineral deeds and tort damages. The dispositive issues on certiorari are: 1) whether the summary judgment record on appeal establishes that defendant owed the plaintiffs a duty to disclose the pooling order and the accrued mineral proceeds when it made an unsolicited offer t... More...   $0 (05-28-2013 - OK)

Orlean H. Smith and Charles O. Smith v. Mary Jo Kern Roederer

1 This is a suit by purchaser alleging that as an inducement for the sale of insurance stock the seller would buy back the stock for the same price at any time but refused to do so.

2 Plaintiff Smith, a 77 year old farmer, is the purchaser of the stock. Defendant is the executrix of the estate of Joe Scott, owner of the insurance company at the time of the sale of the stock and the pers... More...
   $0 (10-02-1973 - OK)

Hayden Rucker, Jr. v. Herbert R. Tietz

1 The defendant in error, hereafter referred to as plaintiff, filed his petition against defendant alleging that he purchased on July 29, 1959, thirty-five head of 'springer heifers' from the defendant by written contract; that defendant expressly represented and warranted orally that said heifers had been bred to an Angus bull and would calve from October 10th to about December 15, 1959; that su... More...   $0 (11-20-1962 - OK)

Tiffany Evans v. Bridgestone-Fireston, Inc. d/b/a Firstene Tire & Rubber Company

1 This appeal has been assigned to the accelerated docket pursuant to Civil Appellate Procedure Rule 1.203(A)(1)(a), 12 O.S.Supp. 1994, ch. 15, app. 2, after the trial court granted summary judgment to the defendant in the plaintiff's action seeking actual and punitive damages for fraud and deceit allegedly practiced by the defendant. Based upon our review of the record and applicable law, we rev... More...   $0 (06-20-1995 - OK)

Louis H. Lundgaard v. Stephen C. Baxter, et al.

1 Did one mining partner obtain an assignment of the other partner's interest in an oil and gas lease joint venture by means of fraud and deceit, requiring the trial court to either rescind the assignment or award damages or both? The trial court held the evidence disclosed no malfeasance on the part of the assignee partner and denied relief to the complaining assignor.

2 The aggrieved ... More...
   $0 (07-21-1992 - OK)

Norman J. Coble v. Melinda Bowers, First State Bank and First Life Assurance Company

1 Plaintiff Norman J. Coble appeals the summary judgment granted in favor of defendants Melinda Bowers, First State Bank, and First Life Assurance Co. Defendant Security Life Assurance Co. was dismissed without prejudice prior to judgment and is not a party to this appeal. Having reviewed the record and applicable law, we affirm in part, reverse in part and remand.

2 In 1985, Bank loane... More...
   $0 (12-04-1990 - OK)

Multiple Injury Trust Fund v. Tommy Garrett

1 The dispositive issue presented on review is whether the claimant met the statutory definition of a "physically impaired person" at the time of the claimant's second on-the-job injury for purposes of determining eligibility for Multiple Injury Trust Fund (Fund) benefits. Subsumed in this determination is whether a duly-executed settlement agreement-memorialized on a form prescribed by the Worke... More...   $0 (06-27-2017 - OK)

 
 
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