Widow & Heirs at Law of Reynolds v. Commissioners of Stark County
Ohio Supreme Court
This was a suit in chancery, certified from Stark county. The bill sought to enforce the specific performance of a contract, made between the commissioners of Stark county and Wm. Reynolds, .in his lifetime, reduced to writing, and dated May 28, 1823, for a lease of a certain part of the grounds originally appropriated, by the proprietors of the town of Canton, for a site for public buildings.
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This was a suit in chancery, certified from Stark county. The bill sought to enforce the specific performance of a contract, made between the commissioners of Stark county and Wm. Reynolds, .in his lifetime, reduced to writing, and dated May 28, 1823, for a lease of a certain part of the grounds originally appropriated, by the proprietors of the town of Canton, for a site for public buildings. Previous to the making of the contract, these proprietors had released all their interest to these grounds to the comrnissioners. The bill set forth the written contract, and charged a^part performance,…
1Opinion of the Court
* Judge Lane
delivered the opinion of the court:
This is a bill in chancery, brought to enforce the specific performance of a contract to make a lease.
In 1819, B. Wells, for certain considerations, received from the treasurer of Stark county, conveyed by a deed, with general warranty, lot No. 30, in Canton, to the then commissioners, to hold for the use of the county, thereon to erect a court-house, offices, etc., and for no other purpose. That deed contained a proviso that it should be void if the lot should be appropriated to any other' purpose. On May 23,1823, Wells released to the…
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