pro rata clause (Oklahoma) · Go Syfert
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pro rata clause in Oklahoma

5 Oklahoma opinions name it 1 courts 1928–1996 0 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Scholtens v. Schneidergreen
illappct · 1995 · cited in 1 Oklahoma opinions naming this issue, 1996–1996
2 sentences

1996See Scholtens v. Schneider, 274 Ill.App.3d 102 , 653 N.E.2d 775 , 210 Ill.Dec. 580 (1995).

1996See Scholtens v. Schneider, 274 Ill.App.3d 102 , 653 N.E.2d 775 , 210 Ill.Dec. 580 (1995).

11
Scholtens v. Schneidergreen
illappct · 1995 · cited in 1 Oklahoma opinions naming this issue, 1996–1996
1 sentence

1996See Scholtens v. Schneider, 274 Ill.App.3d 102 , 653 N.E.2d 775 , 210 Ill.Dec. 580 (1995).

11
Equity Mutual Insurance Co. v. Spring Valley Wholesale Nursery, Inc.green
okla · 1987 · cited in 1 Oklahoma opinions naming this issue, 1989–1989
2 sentences

1989Co. v. Spring Valley Wholesale Nursery, Inc., 747 P.2d 947, 954 (Okla. 1987), we found *60 that a pro rata clause in an insurance policy limited coverage to a proportionate share in relation to all coverage available for the covered risk.

1989Co. v. Spring Valley Wholesale Nursery, Inc., 747 P.2d 947, 954 (Okla.1987), we found that a pro rata clause in an insurance policy limited coverage to a proportionate share in relation to all coverage available for the covered risk. .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Kimbley v. Luckey neutral
okla · 1919
2 sentences

1935This court rejected that contention • and held that the lease was bound by the provision of the lease, saying: “* * * Even if the .so-called mineral deed should be reformed for any grounds so as to show a conveyance to Schonwald of a fractional part of the royalty on the west 80 only, such attempt on the part of Clark would not be availing, if in fact the said pro-rata clause of said lease is a valid burden imposed upon the interest in the property retained by Clark after the execution of the lease.- Tf said clause is a valid clause, Clark, in executing- the lease placed a restriction upon his

1935This court rejected that contention • and held that the lease was bound by the provision of the lease, saying: “* * * Even if the .so-called mineral deed should be reformed for any grounds so as to show a conveyance to Schonwald of a fractional part of the royalty on the west 80 only, such attempt on the part of Clark would not be availing, if in fact the said pro-rata clause of said lease is a valid burden imposed upon the interest in the property retained by Clark after the execution of the lease.- Tf said clause is a valid clause, Clark, in executing- the lease placed a restriction upon his

11935–1935
Galt v. Metscher neutral
okla · 1923
2 sentences

1935This court rejected that contention • and held that the lease was bound by the provision of the lease, saying: “* * * Even if the .so-called mineral deed should be reformed for any grounds so as to show a conveyance to Schonwald of a fractional part of the royalty on the west 80 only, such attempt on the part of Clark would not be availing, if in fact the said pro-rata clause of said lease is a valid burden imposed upon the interest in the property retained by Clark after the execution of the lease.- Tf said clause is a valid clause, Clark, in executing- the lease placed a restriction upon his

1935This court rejected that contention • and held that the lease was bound by the provision of the lease, saying: “* * * Even if the .so-called mineral deed should be reformed for any grounds so as to show a conveyance to Schonwald of a fractional part of the royalty on the west 80 only, such attempt on the part of Clark would not be availing, if in fact the said pro-rata clause of said lease is a valid burden imposed upon the interest in the property retained by Clark after the execution of the lease.- Tf said clause is a valid clause, Clark, in executing- the lease placed a restriction upon his

11935–1935
Mothersead v. Wiley neutral
okla · 1926
2 sentences

1928The Warren Case, supra, has been fol-l lowed in the case of Mothersead, Bank Commissioner, v. Wiley, 114 Okla. 105 , 243 Pac. 718 . see, also, 50 L.

1928The Warren Case, supra, has been fol-l lowed in the case of Mothersead, Bank Commissioner, v. Wiley, 114 Okla. 105 , 243 Pac. 718 . see, also, 50 L.

11928–1928
Gypsy Oil Co. v. Schonwald neutral
okla · 1924
2 sentences

1928Upon hearing without a jury, the court found for the defendants, and rendered judgment^ of dismissal of plaintiffs’ petition with prejudice at their costs, basing its judgment on the case of Gypsy Oil Co. v. Schonwald, 107 Okla. 253 , 231 Pac. 864 , decided by this court subsequent to the filing of the original cause and prior to the framing of the issues presently involved under plaintiff’s amended petition and answer thereto by defendants, and the action of plaintiffs in dismissing the. suit against the Gypsy Oil Company with prejudice.

1928Upon hearing without a jury, the court found for the defendants, and rendered judgment^ of dismissal of plaintiffs’ petition with prejudice at their costs, basing its judgment on the case of Gypsy Oil Co. v. Schonwald, 107 Okla. 253 , 231 Pac. 864 , decided by this court subsequent to the filing of the original cause and prior to the framing of the issues presently involved under plaintiff’s amended petition and answer thereto by defendants, and the action of plaintiffs in dismissing the. suit against the Gypsy Oil Company with prejudice.

11928–1928

Where else courts name it

LA 13 (1967–2018) MI 12 (1922–2022) NJ 12 (1959–2018) TX 11 (1925–2023) IA 10 (1928–1993) IL 10 (1911–2007) CA 8 (1956–2003) MD 7 (1966–1993) MN 6 (1917–1994) NY 6 (1937–2025) WA 6 (1965–2011) OK 5 (1928–1996) WI 4 (1968–2020) SC 4 (1973–2013) PA 4 (1932–1953) MO 4 (1923–2011) RI 4 (1992–2012) TN 3 (1915–1996) IN 3 (1991–2007) KS 3 (1981–2005) FL 3 (1963–2010) GA 3 (1917–1964) DC 2 (1981–1999) MA 2 (1988–2015) DE 2 (1995–2014) AR 2 (1913–1939) CO 2 (1972–1993)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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