Legal Opinion

Payne v. Kirchwehm

Ohio Supreme Court

Decided April 21, 1943No. 29276PublishedCited by 11 opinions

1Opinion of the CourtWeygandt, C. J.

The question confronting the court in this case is whether the principies announced-in the similar case of Alropa Corp. v. Kirchwehm, 138 Ohio St., 30, 33 N. E. (2d), 655, apply. The defendant contends that they do, while the plaintiff: insists that the two cases are distinguishable on the facts.

In the syllabus in the Alropa case this court unanimously spoke as follows:

“1. The validity and interpretation of a contract are governed by the laws of the state where such contract is made or is to be performed; but the remedies are governed by the laws of the state where the suit is brought. The…

2Cases cited2 opinions

  1. Alropa Corp. v. KirchwehmOhio Supreme Court · 1941
  2. Cleveland Trust Co. v. ElbrechtOhio Supreme Court · 1940

3Cited by11 opinions

  1. Cope v. AndersonSupreme Court of the United States · 1947
  2. Devine v. RookMissouri Court of Appeals · 1958
  3. Frombach v. Gilbert Associates, Inc.Supreme Court of Delaware · 1967
  4. United States ex rel. Sabella v. NewsdayDistrict Court, E.D. New York · 1970
  5. Aviation Credit Corporation v. BatchelorDistrict Court of Appeal of Florida · 1966

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