Supreme Court of Oklahoma, 1936

Cooke v. Kutin

Supreme Court of Oklahoma · Decided December 1, 1936 · Bayless, Busby, Corn, Gibson, McNEILL, Osborn, Phelps, Riley, Welch

64 P.2d 693; 179 Okla. 157; 1936 OK 745; 1936 Okla. LEXIS 810 (Pacific Reporter, Second Series)

Opinion of the Court

OSBORN, V. C. J.

It is conceded by the parties that the issues of law and fact in I his case are identical with the issues involved in the case of Charles B. Cooke v. John B. Kinkead et al., 179 Okla. 347, 64 P. (2d) 682, this day decided by this court, and that the opinion of the court in that case is controlling of the issues involved in this case.

Accordingly, the judgment is affirmed.

BUSBY, WELCH, PHELPS, and CORN, JJ., concur. McNEILL, C. J., and RILEY, BAYLESS, and GIBSON, JJ., dissent.

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