Tapley v. Patton

3 Citing cases

  1. Stroud v. Arthur Anderson Co.

    2001 OK 76 (Okla. 2001)   Cited 52 times
    Holding that an independent auditor's duty of care in auditing a client's financial statements extends to persons other than the audit client where those third parties were foreseeable and it was known that they would rely on the agent's professional services

    DeCorte v. Robinson, 1998 OK 87 ¶ 9, 969 P.2d 358, 360; Lawton Ref. Co. v. Hollister, 1922 OK 19, 205 P. 506 syl. no. 2.Tapley v. Patton, 1960 OK 23, 349 P.2d 507, 508.Holley v. Shepard, 1987 OK 92, 744 P.2d 945, 947.

  2. Florafax Int'l, Inc. v. GTE Market Resources, Inc.

    1997 OK 7 (Okla. 1997)   Cited 80 times
    Finding that a claimant must show that profits would have been made had the contract not been breached

    Where such competent evidence exists, and no prejudicial errors are shown in the trial court's instructions to the jury or rulings on legal questions presented during trial, the verdict will not be disturbed on appeal. Lawton Refining Co. v. Hollister, 86 Okla. 13, 205 P. 506 Second Syllabus (1922). In an appeal from a case tried and decided by a jury an appellate court's duty is not to weigh the evidence and determine which side produced evidence of greater weight [ Tapley v. Patton, 349 P.2d 507, 508 (Okla. 1960)], i.e. it is not an appellate court's function to decide where the preponderance of the evidence lies — that job in our system of justice has been reposed in the jury. In a jury-tried case, it is the jury that acts as the exclusive arbiter of the credibility of the witnesses.

  3. Black v. Ferrellgas, Inc.

    417 P.3d 1267 (Okla. Civ. App. 2017)   Cited 1 times

    Where such competent evidence exists, and no prejudicial errors are shown in the trial court's instructions to the jury or rulings on legal questions presented during trial, the verdict will not be disturbed on appeal. Lawton Refining Co. v. Hollister , 86 Okla. 13, 205 P. 506 Second Syllabus (1922). In an appeal from a case tried and decided by a jury an appellate court's duty is not to weigh the evidence and determine which side produced evidence of greater weight [ Tapley v. Patton , 349 P.2d 507, 508 (Okla.1960) ], i.e. it is not an appellate court's function to decide where the preponderance of the evidence lies—that job in our system of justice has been reposed in the jury. In a jury-tried