Lowman v. Lowman

This court has recognized that in certain instances, at least as between the parties thereto (cf. Gross v. Ohio Savings & Trust Co., 116 Ohio St., 230, 156 N. E., 205, with DeCamp v. Hamma, Exr., 29 Ohio St., 467), a contract may be void because of what is referred to as fraud in the factum. Perry v. M. O’Neil & Co., 78 Ohio St., 200, 210, 211, 85 N. E., 41; Picklesimer v. Baltimore & Ohio Rd. Co., 151 Ohio St., 1, 84 N. E. (2d), 214; Meyer v. Meyer, 153 Ohio St., 408, 91 N. E. (2d), 892.

On the record in the instant case, there is no basis for finding and it is not contended that there was…