Opinion

Holbert v. Echeverria

  • 744 P.2d 960
  • 1987 OK 99
  • 1987 Okla. LEXIS 248
Court
Supreme Court of Oklahoma
Filed
Oct 20, 1987
Status
Published
Author
Kauger
On the bench
Opala, Doolin, Hargrave, Lavender, Simms, Wilson, Summers, Hodges, Kauger
Cited by
68 cases
Authority
More cited than 6.8%

Overruled by Walls v. American Tobacco Co., 2000 Okla. LEXIS 67 (2000)

explaining a statutory regulatory scheme does not necessarily create a judicially enforceable right of action, and adopting three prongs of the four-prong test in Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975), wherein one of the prongs is whether the statute provides some intent, explicit or implicit, that the legislative body intended the party to possess a judicial remedy to enforce a statute

How later courts described this case

  • explaining a statutory regulatory scheme does not necessarily create a judicially enforceable right of action, and adopting three prongs of the four-prong test in Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975), wherein one of the prongs is whether the statute provides some intent, explicit or implicit, that the legislative body intended the party to possess a judicial remedy to enforce a statute
  • holding that when a statute “is for the benefit of the general public, no special class is established for whose especial benefit it was created”
  • holding “Supreme Court decisions have placed special emphasis” on the second Cort factor
  • “The Act’s failure to sanction invocation of redress by an aggrieved consum er serves to exclude any private right of action.”

Written by the judges who cited it.

Later courts went against this

  • Overruled by Walls v. American Tobacco Co., 2000 Okla. LEXIS 67 (2000)

    See Holbert v. Echeverria, 744 P.2d 960, 961 (Okla.1987) (noting that there is no private right of action under Oklahoma’s consumer protection act), overruled by Walls v. Am. Tobacco Co., 11 P.3d 626, 628 (Okla.2000) (noting that after Holbert, the legislature amended the statute in 1988 to confer a private right of action).
    Supreme Court of OklahomaSep 19, 2000medium confidenceRead it
  • Superseded by statute, as recognized in Walls v. American Tobacco Co.

    744 P.2d 960, 966 (Okla.1987), superseded by statute on other grounds Walls v. Am. Tobacco Co., 11 P.3d 626 (Okla.2000).
    Supreme Court of OklahomaSep 19, 20002 citing opinionsby statuteother groundsRead it

The opinion

KAUGER, Justice,

dissenting to part II only.

I recognize that there are conflicting lines of authority concerning contracts of sale, contracts of labor and “contracts relating thereto.” However, the longstanding national jurisprudence holds that if the seller furnishes materials and fashions them according to specifications furnished by the purchaser or according to some model selected, and when without the contract the thing furnished would never have been built or it would never have been put in the particular shape or condition, the contract is one for labor and services. 1 I would award attorneys fees pursuant to 12 O.S.1981 § 936(2), and I would overrule Burrows Const. Co. v. Independent Sch. *967 Dist., 704 P.2d 1136 (Okla.1985) and Russell v. Flanagan, 544 P.2d 510 (Okla.1975).

. Eastlake Const. Co., Inc. v. Hess, 102 Wash.2d 30 , 686 P.2d 465, 475 (1984); Hague v. Cleary, 48 P.2d 5 , 9-10 (Cal.1935); Flynn v. Dougherty, 91 Cal. 669 , 27 P. 1080 -81 (1891). See also, Annot., "Construction and Effect of Exception Making the Statute of Frauds Provision Inapplicable Where Goods are Manufactured by Seller for Buyer,” 25 A.L.R.2d 672 , 680 (1952).

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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