Dewees v. Spiliotis

This is an appeal from a judgment of the Court of Common Pleas of Franklin County in favor of the plaintiff in an action growing out of a contract of sale of a piece of real estate in which the plaintiff was the purchaser and the defendant was the seller.

Defendant gave notice of an appeal on questions of law and fact but he proceeded thereafter to regard it as an appeal on questions of law. When the matter was orally argued to this court, counsel for defendant stated that to be consistent the appeal must be regarded as one on questions of law and it could not conscientiously be claimed to be…