Legal Opinion

Cleveland Trust Co. v. Elbrecht

Ohio Supreme Court

Decided December 4, 1940No. 28182PublishedCited by 11 opinions

1Opinion of the CourtWilliams, J.

The sole inquiry is whether the contract of assumption on which the personal judgments against the defendant, John B. Lindner, were founded was an agreement or promise in writing to which the fifteen-year limitation provided for in Section 11221, General Code, applies, or an implied contract within the meaning of Section 11222, General Code, which provides that an action on a contract not in writing express or implied shall be brought within six years after the cause of action accrued.

It is not questioned that as between the grantor-mortgagor and the grantee the contract of assumption is in…

2Cases cited4 opinions

  1. Carson Pirie Scott & Co. v. ParrettIllinois Supreme Court · 1931
  2. McCown v. NicksSupreme Court of Arkansas · 1926
  3. New York Central Rd. v. City of BucyrusOhio Supreme Court · 1933
  4. Walser v. Farmers Trust Co.Ohio Supreme Court · 1933

3Cited by11 opinions

  1. Amen v. Merced County Title Co.California Supreme Court · 1962
  2. Alropa Corp. v. KirchwehmOhio Supreme Court · 1941
  3. Wells Fargo Bank v. MoweryOhio Court of Appeals · 2010
  4. Payne v. KirchwehmOhio Supreme Court · 1943
  5. Eagle Savings & Loan Ass'n v. WestOhio Court of Appeals · 1942

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