Opinion
No. 31427.
September 19, 1944.
(Syllabus.)
APPEAL AND ERROR — NEW TRIAL — Syllabus adopted.
The syllabus in cause No. 31426, Cooke ete al. v. Sinopoulo, 194 Okla. 352, 151 P.2d 791, is adopted as the syllabus in this case.
Appeal from District Court, Oklahoma County; Sam Hooker, Judge.
Action was instituted by G.E. Massey to recover from John Sinopoulo an amount alleged to be due under an assignment of contract which had theretofore been entered into between John Sinopoulo and H.R. Hollenback. Judgment for plaintiff was vacated and a new trial granted and he appeals. Affirmed.
Everest, McKenzie Gibbens, of Oklahoma City, for plaintiff in error.
Halley, Douglass, Felix Douglass, of Oklahoma City, for defendant in error.
This is a companion case to that of Cooke et al. v. Sinopoulo, No. 31426, 194 Okla. 352, 151 P.2d 791. The issues of law and fact are identical save for the name of the plaintiff in error and the amount involved. The same authorities are cited and the same contentions are made here as were made in the former case. What we have therein said is controlling here in every detail. For this reason the syllabus in the above case is adopted as the syllabus herein.
Judgment affirmed.
CORN, C. J., GIBSON, V.C.J., and RILEY, OSBORN, BAYLESS, HURST, and DAVISON, JJ., concur.