Rippey v. Bailey

1 Citing case

  1. French v. Sotheby Company

    470 P.2d 318 (Okla. 1970)   Cited 9 times
    In French we reversed the trial court's sustaining a motion for summary judgment on the existence of a material fact at issue as defined in 12A O.S. 1971 ยง 2-709[ 12A-2-709] and refused to consider the after-discovered evidence which would have sustained a defense of accord and satisfaction, simply because the same had not been pleaded and was not an issue.

    The remedy provided by Sec. 2-708 and Subd. (e) of Sec. 2-703, is clearly and distinctly described therein. This measure of damages is essentially the same as that announced in our decisions prior to the adoption of the Uniform Commercial Code. See Consolidated Flour Mills Co. v. Wright, 131 Okla. 22, 267 P. 464, and Rippey v. Bailey, 129 Okla. 296, 264 P. 889. This remedy was available to plaintiff, but plaintiff sought recovery of the price.