State ex rel. Gore v. Bachman

OPINION

By BODEY, J.

It is the claim of the relator that this action may be maintained by reason of the holding of this court in the case of State ex Morgan v Stevenson, 39 Oh Ap, 355 (10 Abs 278; 10 Abs 616). Counsel for the respondent in support of their demurrer rely upon the case of Martin v Bircher, 46 Oh Ap, 239, (15 Abs 115), being a case decided by the Appellate court of the Fifth District.

It will be noted from an examination of the first paragraph of this petition that no facts are set forth therein concerning the terms or conditions of the contract of purchase except the- amount of…