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[Download] "Midland Savings & Loan Co. v. Tradesmen's Nat. Bank of Oklahoma City" by Tenth Circuit Circuit Court of Appeals # Book PDF Kindle ePub Free

Midland Savings & Loan Co. v. Tradesmen's Nat. Bank of Oklahoma City

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eBook details

  • Title: Midland Savings & Loan Co. v. Tradesmen's Nat. Bank of Oklahoma City
  • Author : Tenth Circuit Circuit Court of Appeals
  • Release Date : January 04, 1932
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

The appellee requests that the opinion be clarified with respect to election of remedies, and that this court affirm the judgment
as to those checks where the evidence disclosed an election under the principles of law announced in the opinion. It is argued
that the evidence offered is in writing, and that there is no occasion for the needless expense of a new trial. But we are
without power, in an action at law, to direct a judgment. Slocum v. New York Life Ins. Co., 228 U.S. 364, 33 S. Ct. 523, 57 L. Ed. 879. The judgment entered in this case is a single judgment, and our power to sort out the checks
where there was evidence of an election of remedies on the record of the last trial, and affirm the judgment as to those checks,
is at least doubtful.


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