Evilsizor v. Speckbaugh

*354OPINION

By THE COURT:

This is an appeal on questions of law from a judgment of the Common Pleas Court dismissing plaintiff’s petition. The action was instituted by the plaintiff against defendant, Speckbaugh, and Peoples’ Federal Savings & Loan Association, but as the Loan Association was the holder of a note secured by first mortgage, whose rights are not questioned by this appeal, wé will restrict our consideration to the issue between Emmett T. Evilsizor, plaintiff-appellant, and B. G. Speckbaugh. defendant-appellee, and will refer to them as the appellant and appellee, respectively.

Appellant…