"Where an examination of the whole case shows that the judgment of the trial court is right on the merits, the judgment will not be reversed." See, also, Smith v. Sutton, 67 Okla. 191, 169 P. 886. Affirmed.
There are no decisions or texts to the contrary. Plaintiff cites and quotes from Smith v. Sutton, 67 Okla. 191, 169 P. 886, the following rule in support of its contention that the judgment should be affirmed: "Where the rights of the plaintiff to recover upon the undisputed facts, is so apparent that the errors assigned, if sustained, could not have resulted in a miscarriage of justice, the judgment will be affirmed."
"Where the right of the plaintiff to recover upon the undisputed facts is so apparent that the errors assigned, if sustained, could not have resulted in a miscarriage of justice, the judgment will be affirmed." Smith v. Sutton, 67 Okla. 191, 169 P. 886. In the case of Garber et al. v. Hauser et al., 76 Okla. 292, 185 P. 436, the first paragraph of the syllabus is as follows: