Legal Opinion
Security Sewage Equipment Co. v. McFerren
Ohio Supreme Court
Decided June 12, 1968No. 41338PublishedCited by 14 opinions
1Opinion of the CourtSchneider, J.
Section 3701.18, Revised Code, provides in part:
“No municipal corporation ... or other person shall provide or install a .. . sewerage or purification or treatment worJcs for . . . sewage disposal . . . u/ntil the plans therefor have been submitted to and approved by the Department of Health.” (Emphasis supplied.)
Although it would appear that the approval of the plans by the Department of Health is a condition precedent to the enforcement of the contract, the cases and authorities do not so hold. The risk of rejection was assumed by the seller, not the purchaser. Security agreed “to install .…
2Cases cited5 opinions
- Fischler v. NicklinWashington Supreme Court · 1958
- Shore Investment Co. v. Hotel Trinidad, Inc.Supreme Court of Florida · 1947
- State Ex Rel. Lane v. DashiellCourt of Appeals of Maryland · 1950
- Hein v. FoxMontana Supreme Court · 1953
- Thornton v. Arlington Independent School DistrictCourt of Appeals of Texas · 1960
3Cited by14 opinions
- URI Cogeneration Partners, L.P. v. Board of Governors for Higher EducationDistrict Court, D. Rhode Island · 1996
- McCabe/Marra Co. v. City of DoverOhio Court of Appeals · 1995
- Atelier District v. Parking Co. of America, 07ap-87 (12-31-2007)Ohio Court of Appeals · 2007
- Nebaco, Inc. v. Riverview Realty Co.Nevada Supreme Court · 1971
- Vergote v. K Mart Corp.Michigan Court of Appeals · 1987
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