Fairlawn Heights Co. v. Theis

Opposing counsel agree that two remedies were available to the appellant, viz., an action to recover damages for breach of the contract, or an action for specific performance. But here the accord ends, counsel for appellant affirming and counsel for appellee denying the right of appellant to maintain an action on the contract for the balance of the purchase price remaining unpaid.

An examination of the briefs filed in the case of Will-O-Way Development Co. v. Mills, 122 Ohio St., 242, 171 N. E., 94, discloses that counsel in that case presented their argument on the main question of whether…