Brown v. Warden's Administrator

Opinion op the Court by

Judge Richardson

Affirming.

In an action brought in the Ohio circuit court to settle the estate of Dr. W. M. Warden, George M. -Johnson filed a petition to be made, and was made, a ■defendant. The petition was considered and treated by the parties, their counsel, and the court as the answer and counterclaim of Johnson. It substantially alleges that after receiving a letter from Dr. Warden, he entered into an oral contract, “whereby he agreed to list 640 acres of land, timber and coal,” with Johnson, to sell for $100,000, agreeing to give him a reasonable time in which to…