Legal Opinion
Motz v. Root
Ohio Court of Appeals
Decided December 14, 1934No. 2350PublishedCited by 12 opinions
1Opinion of the Court
OPINION
By WASHBURN, PJ.
There are a number of claims made by said defendant Root which he urges worked a release and discharge of him from any obligation to pay the plaintiff, but we shall refer only to the claim that the plaintiff, by accepting the defendants Gibson and by 'her acts and conduct, waived any claim against the defendant Root.
A waiver is the voluntary surrender or relinquishment of a known legal right by agreement, supported by a consideration, or by a failure to exercise a privilege to claim a right when the acts and conduct connected with such failure are such as to plainly…
2Cases cited6 opinions
- Champion Spark Plug Co. v. Automobile Sundries Co.Court of Appeals for the Second Circuit · 1921
- Snyder v. Charleston & Southside Bridge Co.West Virginia Supreme Court · 1909
- Southwest Cotton Co. v. Valley BankArizona Supreme Court · 1924
- Simon v. St. Louis Brass Manufacturing Co.Supreme Court of Missouri · 1923
- O'Neal v. MooreWest Virginia Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gould v. Transamerican AssociatesCourt of Appeals of Maryland · 1961
- Mark-It Place Foods, Inc. v. New Plan Excel Realty Trust, Inc.Ohio Court of Appeals · 2004
- Am. Business Invests., L.L.C. v. Shaeena & Allos, L.L.C.Ohio Court of Appeals · 2023
- Hoffman v. Aetna Life Ins. Co.Ohio Court of Appeals · 1938
- Meyer v. Chagrin Falls Exempted Village School District Board of EducationOhio Court of Appeals · 1983
7 more not listed; retrieve them via the Exa API.