Harding v. Talbott

OPINION

By LEMERT, J.

This cause comes into this court on an appeal from a judgment of the Common Pleas Court in the sum of thirty-five hundred dollars in favor of the plaintiff upon a second amended petition, which was filed December 26, 1936.

This cause was heard once before on an amended petition filed by plaintiff. The first hearing resulted in a judgment in the sum of $2758.75 in ravor of the plaintiff. The defendant executor appealed to this court, and this court heard the matter and in the former hearing held that plaintiff had sued upon a contract and that no contract had been proven and…