Overesch v. Campbell

Defendants filed a demurrer to the petition, which was sustained, and, plaintiff not desiring to plead further, judgment was entered accordingly, from which an appeal on questions of law and fact was taken. Only a question of law being involved in the appeal, it is reduced to an appeal on questions of law only and so considered. LeMaistre, Admr., v. Clark, 142 Ohio St., 1, 50 N. E. (2d), 331.

Briefly stated, the plaintiff alleged,in the petition that the county commissioners, in contravention of Section 2921, General Code, accepted a higher bid than that of plaintiff, although both bids were…