Universal Features Advertising Co. v. Pettit

Supreme Court of Oklahoma

Universal Features Advertising Co. v. Pettit

1947 OK 277, 185 P.2d 197, 199 Okla. 213, 1947 Okla. LEXIS 626

CourtSupreme Court of Oklahoma

DecidedSeptember 30, 1947

DocketNo. 32929

StatusPublished

Cited by1 cases

This text of 1947 OK 277 (Universal Features Advertising Co. v. Pettit) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Universal Features Advertising Co. v. Pettit, 1947 OK 277, 185 P.2d 197, 199 Okla. 213, 1947 Okla. LEXIS 626 (Okla. 1947).

Pincite

Opinion

RILEY, J.

Plaintiff in error sued defendant W. O. Pettit for a balance due on contract for advertising material sold and alleged to have been delivered to defendant according to terms of the contract. The contract provided for delivery to defendant, f.o.b. Dallas, Texas. Defendant denied delivery.

Plaintiff’s evidence showed by a uniform express receipt, a consignment of the material to “Bills Station, Haileyville, Oklahoma,” but the evidence wholly failed to establish defendant’s connection, if any, with the consignee.

The general rule is that delivery of goods by a consignor to a common carrier is effective as a delivery to consignee. Kuppenheimer v. Levine, 116 Okla. 50, 243 P. 182; Rose v. Woldert Gro. Co., 54 Okla. 566, 154 P. 531. The rule is n<?t applicable to the facts stated.

Affirmed.

HURST C.J., DAVISON, V.C.J., and WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI