Hathaway v. Jones

OPINION

By RICHARDS, J.

The fourth amended petition and the evidence disclose that the value of the services contracted for was intended to be and was easily susceptible of being valued in money, and in such cases the principle of law is as stated in Newbold v Michael, 110 Oh St, 588, that specific performance of an oral contract for services to be in part compensate^ for by a transfer of real estate. will not lie unless a fraud would result by such refusal. That case was followed by this court, and a similar conclusion announced in Nunn v Boal, 29 Oh Ap, 141, (6 Abs 148). In the latter case…