# Barell Food Stores, Inc. v. Bennett

> Supreme Court of Oklahoma · February 15, 1944 · 194 Okla. 508

URL: https://www.frixlaw.com/law-library/cases/3830510

## Case

- **Full name:** Barall Food Stores, Inc. v. Bennett.
- **Court:** Supreme Court of Oklahoma
- **Decided:** February 15, 1944
- **Citations:** 194 Okla. 508; 153 P.2d 106; 1944 OK 78; 1944 Okla. LEXIS 518
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Corn, Osborn, Bay-Less, Hurst, Arnold, Gibson, Riley, Welch, Davison
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3830510

## Opinion text

On Rehearing.
PER CURIAM.
On petition for rehearing it is suggested that the Ohio case of Higbee Co. v. Jackson, cited and relied upon in our original opinion, has been overruled by the Ohio Supreme Court in the later case of Union Gas & Elec. Co. v. Crouch, 123 Ohio St. 81 , 174 N. E. 6 , 74 A. L. R. 160. While paragraphs 1 and 2 of the syllabus were expressly overruled therein, the former case has been followed in several states, and we think the reasoning of the Hig-bee Case is sound. In view of our holdings in similár cases cited and relied upon in our original opinion, including Empire Refining Co. v. Rawlings, 178 Okla. 391 , 62 P. 2d 1253 , not cited therein, we adhere to our original opinion.
Rehearing denied.
CORN, C.J., and OSBORN, BAY-LESS, HURST, DAVISON, and ARNOLD, JJ., concur. GIBSON, V.C.J., and RILEY and WELCH, JJ., dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3830510. Public record. Not legal advice.