McDonough v. Zollner

OPINION

By WILLIAMS, J.

The question which the court has to consider arises out of the filing of a demurrer to the plaintiff’s second amended petition, in which is set forth two causes of action.

Upon examination we find that the first cause of action discloses the following facts:

That one Timothy McDonough, deceased, husband of the deceased Ada, for whose estate the plaintiff, John McDonough, is executor, during his lifetime was the owner of a two-family dwelling, located in the city of Lakewood, Ohio.

That .w.hile he was living, Timothy Mc-Donough entered into a contract with the defendant…