Maro v. Borak

The question presented by defendants’ appeal on questions of law from a judgment of the court of common pleas is whether plaintiff could compel specific performance of an oral agreement it made with defendant, John Borak, to sell real estate, the title to which resided in defendant, Amelia Borak.

*44Defendant, John Borak, orally agreed with plaintiffs, a partnership doing business as Maro Brothers, to sell, and accepted a down payment of $100.00 to bind such sale, five building lots situated in Campbell, Mahoning County, Ohio. Defendant, John Borak, tendered back the down payment, but plaintiffs…