Dayton Brew. Co. v. Whitcomb

The Dayton Breweries Company instituted an action against James Whitcomb in the Hamilton Common Pleas to recover seven months rent, claimed to be due on a buildingleased to him by the'Company.

The lower court instructed the jury to re-. turn a verdict for Whitcomb on the ground that the corporation had been dissolved and that the claim had not been assigned. Error was 'prosecuted to the Court of Appeals and it held:

1. Section 11964 GC. provides that no action pending in favor or against a corporation shall be discontinued or abate by its dissolution whether the dissolution occurs by expiration…