Breithaupt v. McGinnis

OPINION

By THE COURT:

This is an appeal on law from the judgment of the Common Pleas Court of Franklin County, Ohio. The notice of appeal states that “said appeal is on questions of Law and Law and. Fact”. Counsel has considered the appeal as one on law and we so regard it.

The plaintiff-appellee brought an action to recover from defendants-appellants the balance due on an oral agreement to construct an addition to and for remodeling the residence owned by the defendants-appellants, and to foreclose a mechanic’s lien on said property. In his amended petition the plaintiff alleged that he was to…