Opinion

Consolidated Cut Stone Co. v. Seidenbach

  • 181 Okla. 578
  • 75 P.2d 442
  • 1937 OK 701
  • 1937 Okla. LEXIS 223
Court
Supreme Court of Oklahoma
Filed
Dec 7, 1937
Status
Published
Author
Gibson
On the bench
Merxll, Speci'Al, Gibson, Riley, Welch, Corn, Bayless, Osborn, Gibsoñ, Davison, Rowe, Phelps, Hurst
Cited by
39 cases
Authority
More cited than 0.4%

The opinion

GIBSON, J.

(concurring in part and dissenting in part). I concur in the majority opinion except that I dissent to that part wherein it holds that the rule announced in J. B. Klein Iron & Foundry Co. v. Mays, 76 Okla. 177 , 184 P. 577 , controls and is decisive of the question of the right of the owner, Seidenbach, to offset his claim for damages for delay in completion of the building against the amounts claimed by the lien claimants, for the reason that I do not think that the rule has any application to the questions involved here.

I also dissent to th'at part of the opinion which denies the lien claimants their costs and attorney’s fees.

I am authorized to say that Mr. Justice DAVISON concurs in these views.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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