Kirk v. Schumeth

This is an appeal on questions of law from a judgment of the Common Pleas Court of Montgomery County affirming a judgment of the Municipal Court of Dayton refusing to vacate and set aside a judgment on a petition filed after term.

The defendant entered into a valid contract to purchase a residence owned by Melvin and Martha Bur den, who were represented by the plaintiff as agent. Not being in possession of cash the defendant executed a cognovit promissory note for $300, payable to the plaintiff, as a down payment. The contract of sale was accepted by the Burdens and on the same day the…