Mount v. Dircksen

Plaintiffs, appellees herein, seek judgment upon a promissory note for the balance of the purchase price of real estate, and foreclosure of a mortgage securing the note. Defendants, appellants herein, answered, denying their indebtedness and claiming damages in an amount equal to the balance on the note, such damages allegedly arising from false representations. Plaintiffs replied, denying fraud and alleging the running of the four-year statute of limitations on a cause of action for fraud. Section 2305.09 (C), Revised Code.

At the outset of the trial, plaintiffs called the two defendants for…