OK Supreme Court Decisions: May 7, 2001
Sammons, Anthony, THE JOURNAL RECORD
Oklahoma Supreme Court
For week ended June 5.
In re: The Court of the Workers Compensation Court-Year 2001 Amendments, SCAD-2001-40
The Court Rules of the Workers Compensation Court as amended and approved by that court, were approved by the court. The court also ordered the rules become effective July 1 and be published in the Oklahoma Bar Journal three times.
Sonya Cranford and Richard Cranford, vs. Robert Bartlett, No. 93,002.
Appellants, Sonya and Richard Cranford, owned Grannie Lynette's of Tulsa Inc., a sitter/employment service. Each appellant owned 2,500 shares of common stock of the company, the total number of shares outstanding. Appellants sought to sell and appellee, Robert Bartlett's wife, Colleen sought to purchase the company. A written stock purchase agreement was drafted whereby appellants would sell Colleen all stock and a closing date was set. Colleen was to pay $2,000 prior to closing and, at closing, the sellers would accept a note signed by Colleen for the remaining $23,000. Colleen was to receive the $23,000 from Robert Bartlett after he received his inheritance from his father. Only Colleen signed the note, and only she and appellants signed the agreement. Sometime thereafter, Colleen filed for bankruptcy and any liability she had to appellants for the debt on the note was discharged in the bankruptcy proceeding. Appellants then sued Robert to recover the remainder of the purchase price. Appellants argued that Robert was a co-debtor/ joint obligor for the remaining purchase price because he intended to be a joint purchaser of the business with his wife. The trial court granted summary judgment in favor of Robert, and the Court of Civil Appeals affirmed. Appellants appealed.
In vacating the Court of Civil Appeal's opinion and reversing the trial court's judgment, the court ruled that the evidentiary material - taken in light most favorable to appellants - plainly supports a reasonable inference that Robert and Colleen were joint purchasers of the company. The court pointed to the stock certificates, which included Robert's name as joint tenant with rights of survivorship. The court also cited Waldock vs. First Nat. Bank of Idabel, 143 P. 53 (Okla. 1914).
of Criminal Appeals
Jerry Lynn Roberts, vs. …