PINE v. CONTINENTAL SUPPLY CO.

PINE v. CONTINENTAL SUPPLY CO.
1931 OK 503
2 P.2d 953
151 Okla. 133
Case Number: 20620
Decided: 09/08/1931
Supreme Court of Oklahoma

PINE
v.
CONTINENTAL SUPPLY CO.

Syllabus

¶0 Appeal and Error--Reversal Where no Answer Brief.
Where plaintiff in error has served and filed its brief in compliance with the rules of this court, and the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, this court is not required to search the record to find some theory upon which the judgment of the trial court may be sustained, but may, where the authorities cited in the brief filed appear reasonably to sustain the assignments of error, reverse the cause, with directions in accordance with the prayer of the petition in error.

Appeal from District Court, Okmulgee County; James M. Hays, Judge.

Action by the Continental Supply Company against W. B. Pine. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.

Hiatt & Hannigan, for plaintiff in error.
C. D. Lewis, for defendant in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of Okmulgee county in an action wherein plaintiff in error was defendant. Plaintiff in error in due time served and filed his brief in full compliance with the rules of this court, but the defendant in error has wholly failed to file any brief, or to otherwise plead to the merits of the cause in this court, nor has it offered any excuse for its failure to do so.