Deal v. Garaux Bros. Co.

The appellants advance four reasons why the plaintiff is not entitled to the relief asked. It is first contended that the plaintiff’s lease is invalid by reason of his knowledge of the prior lease of the airport company, and the case of Riley v Rochester, 105 Oh St, 358, 136 NE, 919, is advanced as authority for this view. That case cannot be controlling in this case for the reason previously stated, that it has not been proven that Deal had notice and knowledge of the existence of the lease previously given by the owners to the airport company. The burden of proving that fact was upon the…