Peoples' Savings Bank Co. v. Parisette
Ohio Supreme Court
Error to tlie Circuit Court of Summit County. The plaintiff in error, The Peoples’ Savings Bank Co., was plaintiff in the courts- below. Its action was- 'brought against Charles Parisette and his wife, Susan- Parisette, to enforce specific performance of 'a land contract for -certain lands in the city of Akron, executed by the ¡husband alone.
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Error to tlie Circuit Court of Summit County. The plaintiff in error, The Peoples’ Savings Bank Co., was plaintiff in the courts- below. Its action was- 'brought against Charles Parisette and his wife, Susan- Parisette, to enforce specific performance of 'a land contract for -certain lands in the city of Akron, executed by the ¡husband alone. The contract was- of the kind known as an optional contract in which it was recited that “for and in consideration of fifty dollars, received to the full satisfaction of E. J. Wettaoh, the receipt of which is hereby acknowledged, we do hereby -give said…
1Opinion of the Court
I-t is insisted by counsel for plaintiff in error that the stipulation in the option is for a deed conveying the entire property free from any and all rights, claims, and incumbrances, and of the latter class is the inchoate right of dower; that the obligation, therefore, rested on the vendor to clear the title, and convey free of all claims of every kind; that failing in this the vendee should have been allowed to retain so much of the purchase money as will protect his title against such inchoate right of dower, and" the vendor decreed to convey on receiving the remaining part of the…
2Cases cited4 opinions
- Bostwick v. WilliamsIllinois Supreme Court · 1864
- Clark v. SeirerSupreme Court of Pennsylvania · 1838
- Humphrey v. ClementIllinois Supreme Court · 1867
- Trenton & Mercer County Traction Corp. v. Inhabitants of the Township of EwingNew Jersey Court of Chancery · 1917
3Cited by25 opinions
- Kukatli v. JacksonOregon Supreme Court · 1911
- McCarty v. LinghamOhio Supreme Court · 1924
- R. H. Gore v. General Properties CorporationSupreme Court of Florida · 1942
- Fisher v. MillerSupreme Court of Florida · 1926
- Grundstein v. Suburban Motor Freight, Inc.Ohio Court of Appeals · 1952
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