Oklahoma Natural Gas Co. v. Herren

2 Citing cases

  1. Wickham v. Belveal

    1963 OK 227 (Okla. 1963)   Cited 16 times

    The petition in the case now before us alleges damages received on account of defendant's breach of the alleged contract. It also declares, however, upon an implied contract, or debt, for payment of the reasonable value of plaintiff's services and labors. The situation is distinguishable to those considered in Dunn v. T.J. Cannon Co., 51 Okla. 382, 151 P.2d 1167, and Oklahoma Natural Gas Co., v. Herren, 200 Okla. 480, 195 P.2d 278, cited by defendant, which concerned declarations upon express contracts only. The instant petition declared also upon debt for labor. The petition before us declares upon express contract the full performance of which was prevented by the act of defendant in terminating the same which act may be said to have aroused from dormancy, or activated an implied contract to compensate plaintiff for the reasonable value of plaintiff's labors and services.

  2. Staten v. McMahan

    337 P.2d 440 (Okla. 1959)   Cited 4 times

    The defendant further argues that the plaintiff's suit is upon an express contract of employment and full performance is pleaded, and in such a situation no recovery can be had upon quantum meruit. The following cases cited as authority, Oklahoma Natural Gas Co. v. Herren, 200 Okla. 480, 195 P.2d 278, and Dunn v. T.J. Cannon Co., 51 Okla. 382, 151 P. 1167. In both of the above cited cases the action was based upon express contracts and all of the terms of contracts were set forth in petition.