Shimko v. Marks

Gwin, Presiding Judge.

Defendants-appellants, Teresa and Dave Marks, appeal from the judgment entered in the Canton Municipal Court ordering them to vacate a residence at 1124 Piedmont Street Northeast, Canton, in a forcible entry and detainer action instituted by plaintiff-appellee, William Shimko. Appellants assign as error:

“I. The trial court erred in its conclusion that no land contract exists between the parties.

“II. The trial court erred in its conclusion that plaintiff-appellee’s acceptance of the August 1992 payment was not a waiver of the R.C. § 1923.04 notice to leave the premises.”

FA…