Opinion · Supreme Court of Oklahoma

Johnson v. McDonald

170 Okla. 117

Type
Opinion
Court
Supreme Court of Oklahoma
Jurisdiction
Oklahoma
Date
1934-12-18
Topic
general

ANDREWS, J. The plaintiff brought this action against the defendants to recover a judgment for an alleged balance on a promissory note. The defense was misrepresentation and fraud in the inducement leading up to the execution thereof, The cause was tried to the court. Judgment was rendered for the defendants, and the plaintiff appealed. The questions presented to this court for determination are: Was fraud sufficiently alleged and proven, and was there a sufficient restoration or offer to restore?

Citator

UpLaw has not yet analyzed Johnson v. McDonald. The absence of a flag is not a finding that it is good law.

Cited by
19 opinions
ANDREWS, J.

The plaintiff brought this action against the defendants to recover a judgment for an alleged balance on a promissory note. The defense was misrepresentation and fraud in the inducement leading up to the execution thereof, The cause was tried to the court. Judgment was rendered for the defendants, and the plaintiff appealed.

The questions presented to this court for determination are: Was fraud sufficiently alleged and proven, and was there a sufficient restoration or offer to restore? Those were questions of fact upon which the court passed, and there being competent evidence *118 reasonably tending to sustain tbe judgment of tbe trial court in a law action tried without a jury, the judgment must be and is affirmed.

RILEY, C. J., and SWINDALL, McNEILL, OSBORN, andJBAYLESS, JJ., concur. CULLISON, Y. O. J., and BUSBY and WELCH, JJ., absent.