Standard Pipe Line v. Okla. Cty. Ex. Bd.

4 Citing cases

  1. Commercial Standard v. Universal Underwriters

    282 F.2d 24 (10th Cir. 1960)   Cited 9 times

    Ogle v. Oklahoma City Horse Mule Commission, 173 Okla. 34, 47 P.2d 130. Another general rule is that as between the parties to the transaction, delivery of actual possession is not essential to effect a transfer of title unless so agreed by the parties. Pharaoh v. Burnett Moore, 112 Okla. 188, 240 P. 743; Standish Pipe Line Co. v. Oklahoma County Excise Board, 193 Okla. 130, 141 P.2d 281; Holbird v. Harris, 197 Okla. 646, 174 P.2d 262; Anderson v. Courtney, 203 Okla. 71, 218 P.2d 361. And a third general rule is that what shall constitute transfer of title ordinarily depends upon the intention of the parties to be gathered from the facts and circumstances peculiar to the transaction. Standish Pipe Line Co. v. Oklahoma County Excise Board, supra.

  2. In re Seneca Oil Co.

    76 B.R. 810 (W.D. Okla. 1985)   Cited 2 times

    DOE incorrectly asserts that legal title does not pass when property is transferred as a result of an illegal act. DOE also argues that the purchasers intended to pass title only on condition that purchasers were paying legal prices. Whether legal title passes is dependent on the parties' intent that title should pass. Standish Pipe Line Co. v. Oklahoma County Excise Bd., 193 Okla. 130, 141 P.2d 281 (1943); Commercial Standard Ins. Co. v. Universal Underwriters, 282 F.2d 24 (10th Cir. 1960). DOE has offered no evidence that the purchasers did not intend title to pass to Seneca or that the purchasers attached a condition to passage of title.

  3. Republic Supply Company v. Ledbetter

    1967 OK 185 (Okla. 1967)   Cited 1 times

    The evidence in this case clearly indicates that, at the time plaintiffs and defendant entered into their contract concerning the pipe (both tubing and casing) it was mixed with other pipe of various kinds, sizes, and weights in the Ralston pipe yard. Therefore, the rule applied in Standish Pipe Line Co. v. Oklahoma County Excise Board, 193 Okla. 130, 141 P.2d 281, to material in a mass that is "uniform in kind", and on which defendant relies, does not apply here. We have carefully examined the evidence, and cannot say that the trial judge's conclusion that the tubing was never segregated, and/or placed in a deliverable state, to await plaintiffs' directions with reference to its actual delivery, or use, or to exercise direct dominion over it, was contrary to the evidence, or without sufficient evidence to support it.

  4. Opinion No. 71-169

    Opinion No. 71-169 (1971) AG (Ops.Okla.Atty.Gen. Jun. 4, 1971)

    Section 2498 further defines "actual cash surplus" as "in excess of actual cash actually on hand over and above all legal obligations." "Legal obligations" means only obligations arising from transactions fully completed during the current fiscal year and for which warrants are legally issuable before the close of that year, Standish Pipe Line Co. v. Oklahoma County Excise Board, 193 Okl. 130, 141 P.2d 281 (1943). Title 62 O.S. 474 [ 62-474] (1961), provides in part that: "Each and every warrant or certificate of indebtedness must be drawn against a specific appropriation or specific amount authorized by a bond issue for such purpose.