# Consolidated Cut Stone Co. v. Seidenbach

> Supreme Court of Oklahoma · December 7, 1937 · 181 Okla. 578

URL: https://www.frixlaw.com/law-library/cases/3832261

## Case

- **Full name:** CONSOLIDATED CUT STONE CO. Et Al. v. SEIDENBACH Et Al.
- **Court:** Supreme Court of Oklahoma
- **Decided:** December 7, 1937
- **Citations:** 181 Okla. 578; 75 P.2d 442; 1937 OK 701; 1937 Okla. LEXIS 223
- **Precedential status:** Published
- **Opinion:** Dissent by Gibson
- **Judges:** Merxll, Speci'Al, Gibson, Riley, Welch, Corn, Bayless, Osborn, Gibsoñ, Davison, Rowe, Phelps, Hurst
- **Cited by:** 39 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/3832261

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3832261. Public record. Not legal advice.