Galbreath Gas Co. v. Lindsey

3 Citing cases

  1. Petroleum Research Corp. v. Barnsdall Refining Corp.

    188 Okla. 62 (Okla. 1940)   Cited 4 times

    As said in A. O. Anderson v. Texas Co., 279 F. 76, the test for determining whether a paper is a contract is whether there is embodied in it everything which the parties have agreed to do, and that it remains executory in some of its performances or details does not detract from its character as a complete contract. "A contract may be partly executed and may be executory as to one party and executed as to the other." See also Galbreath Gas Co. v. Lindsey, 62 Okla. 84, 161 P. 826. In this contract the parties outlined step by step what should be done, and as their progress continued the expected eventualities were carefully provided for.

  2. Phillips v. Mitchell

    172 P. 85 (Okla. 1917)   Cited 6 times

    Wesley et al. v. Diamond et al., 26 Okla. 170, 109 P. 524. Urging this rule of law, defendants contend that plaintiff's cause of action is based upon an affirmance of the contract, and that an award of damages would afford full and complete relief, and that the allegations of the petition are such as to preclude him from equitable relief. When equity has obtained jurisdiction of the controversy on any ground or for any purpose, it will retain such jurisdiction for the purpose of administering complete relief, and doing entire justice with respect to the subject-matter, and to avoid multiplicity of suits. Cook v. Warner, 41 Okla. 781, 140 P. 424; Murray et al. v. Speed et al., 54 Okla. 31, 153 P. 181; Galbreath Gas Co. v. Lindsey, 62 Okla. 84, 161 P. 826. The jurisdiction of equity extends to all actions of fraud except only that limited class of cases in which a judgment for damages affords adequate relief to the injured party, and fraudulent sales or exchanges of land furnish no exception to the rule, and it is not an insuperable objection to such jurisdiction that an award of damages may be had for unless such award affords full and complete relief in order to avoid circuity of action equity may award all the relief appropriate to the case, Montgomery v. McLaury, 143 Cal. 83, 76 P. 964; Bradley v. Bosley, I Bard. Ch. (N.Y.) 125.

  3. Bourke v. Western Bus. Products, Inc.

    120 P.3d 876 (Okla. Civ. App. 2005)   Cited 16 times

    See, e.g., Tucker v. Zachary, 1954 OK 105, ¶¶ 0(3), 23, 269 P.2d 773, 777. A contract is "executory" when one party promises to perform at some time in the future. See, e.g., Galbreath Gas Co. v. Lindsey, 1916 OK 802, ¶ 0(1), 161 P. 826. "Unilateral contracts contemplate an offer which is accepted by performance rather than a promise of performance."