First Federal Savings & Loan Ass'n v. Williams

ON APPLICATION OF APPELLEE FOR A REHEARING

No. 3906. Decided December 17, 1947.

OPINION

By HUNSICKER, J.

Appellee in its application for a rehearing of this case, asserts that the defense of new oral lease is equitable in its nature, and hence not permissible as a defense in an action in forcible entry and detainer, an action at law, in the Municipal Court of Akron.

The fifth syllabus in Kling, Admr., v. Bordner, 65 Oh St 86, has been extended by express declaration in Hodges v. Ettinger, 137 Oh St 460, at p. 467, the syllabus of which case is as follows:

“The doctrine of part performance can be…