Grant v. Ramsey
Ohio Supreme Court
In error. Ramsey sued Grant before a justice of the peace, to recover two months’ rent, at six dollars per month, for a house and lot in Mount Yernon. He recovered before the justice, and an appeal was taken to the court of common pleas.
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In error. Ramsey sued Grant before a justice of the peace, to recover two months’ rent, at six dollars per month, for a house and lot in Mount Yernon. He recovered before the justice, and an appeal was taken to the court of common pleas. His petition in that court alleged, that on the 12th of December, 1853, he rented to the defendant a house and lot in Mount Yernon, from that date until the 1st of April, 1855, at, six dollars per month, payable monthly, and that -the rent for the two months ending July 12, 1854, was due and .unpaid. Grant in his answer admitted, that on the 12th of December,…
1Opinion of the CourtScott, J.
The assignment of errors in this case presents two-questions.
1. Where a question has once been tried and adjudicated by a court of competent jurisdiction, can the same question be-again litigated between the same parties ?
2. Does part performance of a parol contract of lease for more than one year, and less than three years, take such contract out. of the statute of frauds ?
As to the first of these questions, the authorities are quite uniform in giving a negative answer. The principle is thus stated in-Broom’s Legal Maxims, *243 : “We may remark, in the words of Lord Kenyon, that ‘ if an action…
2Cases cited1 opinion
- Jones v. PetermanSupreme Court of Pennsylvania · 1817