Legal Opinion
Allen, Heaton & McDonald, Inc. v. Castle Farm Amusement Co.
Ohio Supreme Court
Decided June 15, 1949No. 31659PublishedCited by 47 opinions
1Opinion of the CourtTaft, J.
Defendant’s principal complaint is that the trial court erred in rendering a judgment for plaintiff, which the opinion of the court indicated was for the full amount of the seven monthly payments, although plaintiff was relieved from performing any of the services it had agreed to render during the remaining seven months of the yearly term provided for in the contract.
Upon the breach of a contract by a defendant, the plaintiff may elect to rescind the contract and sue for the value of the performance rendered. Wellston Coal Co. v. Franklin Paper Co., 57 Ohio St., 182, 48 N. E., 888; Cleveland…
2Cases cited9 opinions
- United States v. BehanSupreme Court of the United States · 1884
- International Textbook Co. v. MartinMassachusetts Supreme Judicial Court · 1915
- Mount Ida School for Girls v. RoodMichigan Supreme Court · 1931
- Haughey v. Belmont Quadrangle Drilling Corp.New York Court of Appeals · 1940
- Walton School of Commerce v. StroudMichigan Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- F. Enterprises, Inc. v. Kentucky Fried Chicken Corp.Ohio Supreme Court · 1976
- Digital & Analog Design Corp. v. North Supply Co.Ohio Supreme Court · 1989
- Terrel v. Duke City Lumber Company, Inc.New Mexico Court of Appeals · 1974
- Rhodes v. Rhodes Industries, Inc.Ohio Court of Appeals · 1991
- Brookeside Ambulance, Inc. v. Walker Ambulance ServiceOhio Court of Appeals · 1996
42 more not listed; retrieve them via the Exa API.