Clary v. McDonald

This action was instituted in the Common Pleas Court of Pickaway County by Otis Clary, Jr., plaintiff, appellant herein, hereinafter designated as plaintiff, against D. E. McDonald, Orlando Martin, Jr., and Leroy Diehl, defendants, appellees herein, hereinafter designated as McDonald, Martin and Diehl.

The plaintiff, in substance, alleges in his petition that McDonald, on March 26, 1960, was the sole proprietor of a retail business in the city of Circleville, merchandising tires and appliances; that Martin was an employee of McDonald and on that date was working in a repairshop of the business…