McMillan v. Pawnee Petroleum Corp.

5 Citing cases

  1. Sullivan v. Buckhorn Ranch Partnership

    2005 OK 41 (Okla. 2005)   Cited 41 times
    Holding in a quiet title action in which statute of limitations defense was raised, genuine issues of material fact concerning the application of equitable defenses precluded summary judgment

    ]; Allred v. Royalty Owners Ass'n, 1950 OK 69, ¶ 15, 216 P.2d 281[After receiving and retaining benefits, estopped to deny deed.]; Galloway v. Loffland, 1930 OK 197, ¶ 15, 289 P. 774 [Estoppel applied to challenge validity of conveyance where party attacking knowingly received and accepted the benefits and proceeds.]; McMillan v. Pawnee Petroleum Corp., 1931 OK 472, ¶ 31, 1 P.2d 775 [Grantors who accepted benefit of conveyance to foreign corporation which had not complied with domestication statutes, estopped to deny capacity of corporation to take title.]; Hull v. Teafatiller, 1930 OK 86, ¶ 0, 286 P. 799 [Party who with knowledge voluntarily retained for over two years pro rata share of partition sale proceeds affirmed the validity of the judgment.

  2. State of Oklahoma v. Magnolia Petroleum Co.

    114 F.2d 111 (10th Cir. 1940)   Cited 8 times

    (4) Statutes under which plaintiff is attempting to proceed are unconstitutional and void in that they violate the Oklahoma Constitution, particularly Article 11 thereof, Okla.St.Ann., and the Fourteenth Amendment to the United States Constitution. Sec. 2, Art. 2, Ch. 13, Sess. Laws, Okla. 1907-8, p. 197, 18 Okla.St.Ann. § 82; Secs. 2 and 3, Art. 1, Ch. 32, pp. 388, 389, Sess. Laws, Okla. 1907-8; Secs. 1636, 1637, Okla.Stat. 1931, 84 Okla.St.Ann. § 273; Rev. Laws, Okla. 1910, Vol. 2, Secs. 8438, 8439, 8440, 8441, 84 Okla.St.Ann. §§ 273-276; Parwall Inv. Co. v. State, 71 Okla. 121, 175 P. 514; McMillan v. Pawnee Pet. Corp., 151 Okla. 4, 1 P.2d 775; Local Inv. Co. v. Humes, 51 Okla. 251, 151 P. 878; State v. Prairie Oil Gas Co., 64 Okla. 267, 167 P. 756; State ex rel. Short v. Benevolent Ass'n, 107 Okla. 228, 232 P. 35, 37 A.L.R. 190. On September 19, 1939, an amendment to the motion to dismiss was filed on the ground that on January 1, 1939, the term of Bill Vassar as County Attorney of Lincoln County, Oklahoma, expired, and he was succeeded in that office by Frank McVey on January 2, 1939; that more than six months having elapsed after such date, no revivor of the action or substitution of Frank McVey as relator had been had, as provided by Federal Rule of Civil Procedure 25 (d), 28 U.S.C.A. following section 723c, by reason whereof said action should be dismissed.

  3. Simler v. Wilson

    110 F. Supp. 761 (W.D. Okla. 1953)   Cited 3 times

    State ex rel. Short, Atty. Gen. v. Benevolent Inv. Relief Ass'n, footnote 15 supra. Accord, McMillan v. Pawnee Petroleum Corporation, 1931, 151 Okla. 4, 1 P.2d 775. The plaintiff points out that the Business Corporation Act of 1947 must not be overlooked in determining the force to be given these previous decisions.

  4. Creamery Pkg. Co. v. Ice Cream Co.

    55 Wyo. 277 (Wyo. 1940)   Cited 6 times
    In Creamery Package Mfg. Co., this court noted the subsequent qualification but did not determine the case on that issue. It reversed as to the sale cost of the equipment and the installation charges as interstate in nature and remanded for a factual determination of the construction activity to be assessed whether it was "a relevant and appropriate part of the sale."

    The court held that by such suit, it waived the right to set up the defense of non-domestication. See also Wolfing v. Cork Co., 250 Mo. 723, 157 S.W. 615; LeSueur v. Finance Co., 285 Fed. 490; McMillan v. Petroleum Corporation, 151 Okla. 4, 1 P.2d 775. Other cases are to the contrary. The subject is discussed in 14a C.J. 1307, and see National Union Indemnity Co. v. Bruce Bros., 44 Ariz. 454, 38 P.2d 648.

  5. Cherokee Public Service Co. v. Harry Cragin Lbr. Co.

    174 Okla. 67 (Okla. 1935)   Cited 1 times

    Our statutes merely provide that the nonadmitted corporation cannot sue on its contracts — not that the contracts are void. M. S. Cohn Gravel Co. v. Southern Surety Co., 129 Okla. 171, 264 P. 206; McMillan et ux. v. Pawnee Petroleum Co., 151 Okla. 4, 1 P.2d 775. The statute puts a penalty on the nonadmitted company seeking to recover on its contracts — not on the resident who seeks to recover against the corporation.