Metcalf v. Lay

*488OPINION

By RICHARDS, J.

Counsel for Lucille Metcalf offered in evidence a written contract relating to the purchase from her by Lay of the real estate under mortgage to The Toledo Trust Company. This contract dated March 23, 1928, recites that Lay had agreed to purchase the property for $19,000.00 when a warranty deed was furnished therefor clear and free from encumbrances. This contract was accepted and signed by Lucille Metcalf. The trial court excluded the contract from evidence and in so doing committed, in the judgment of this court, prejudicial error. The contract was competent evidence…