G/GM Real Estate Corp. v. Susse Chalet Motor Lodge of Ohio, Inc.

The court would be reluctant to call the precedents in this case elderly, being mindful of adjectives that might be perceived as pejorative, but they were found in volumes yellowed at the margins that left a trail of velvety silt when disturbed.

The question is which trail to follow. The Court of Appeals for Marion County chose the venerable Novogroder v. Di Paola, supra. For the reasons set forth, we choose instead the analysis of our nineteenth century colleagues found in Rife v. Lybarger (1892), 49 Ohio St. 422, 31 N.E. 768.

This case sounds in contract, one for the sale of real estate. The…