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Oklahoma Reports Volume 37

Oklahoma Reports Volume 37


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...do so does not affect the jurisdiction of the court to act. In this case the parties agreed on a statement of facts which the company asserted entitled it to recover, and which the defendant denied entitled it to the relief sought. The court, therefore, acted upon it exactly as if the company had brought an action in the ordinary way, had stated in its petition the same facts contained in the agreed statement, and Brady had demurred to the petition. The court would have had the right, after overruling the demurrer, and upon further consideration, to set aside the judgment overruling the demurrer and to enter a judgment sustaining it. It would be a reproach to the law if the trial court had no power to correct a manifest error at the term when committed. The main question in this case involves simply the construction of the 'contract under which the company was employed. The twelfth article of the contract seems clearly to require the contractor to perform the same duties which the third paragraph of the agreed statement shows were actually performed by the foreman. The foreman 'supervised, directed, and controlled the laborers and saw that the labor was performed in accordance with the specifications. He also kept the time of the laborers. The twelfth paragraph of the contract required the contractor to keep a constant supervision of the work and to see that the labor was efficient and kept at work, and contemplated the keeping of time books by the contractor; and other portions of the contract required him to do the work according to the specifications. It is true that the third paragraph of the agreed case contains the statement that plaintiffs claim the wages of a foreman are part of the total cost of the labor furnished by...


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Product Details
  • ISBN-13: 9781230010830
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 316
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1230010831
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 567 gr


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