Goodall v. Gerke Brewing Co.
Ohio Supreme Court
Error to the Superior Court of Cincinnati. William Goodall brought suit in the Superior Court of Cincinnati to recover of the defendant, The Gerke Brewing Company, the sum of $300.0.0, as rent reserved on a lease made by the plaintiff to the defendant, and charge the same as a lien on the demised premises. It appears from the petition that the premises were let for the purpose of' being used by the lessee as a place for the sale of intoxicating liquors.
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Error to the Superior Court of Cincinnati. William Goodall brought suit in the Superior Court of Cincinnati to recover of the defendant, The Gerke Brewing Company, the sum of $300.0.0, as rent reserved on a lease made by the plaintiff to the defendant, and charge the same as a lien on the demised premises. It appears from the petition that the premises were let for the purpose of' being used by the lessee as a place for the sale of intoxicating liquors. And for this reason, the defendant demurred to the petition on thé ground that it did not state facts sufficient to constitute a cause of…
1Opinion of the CourtMinshall, J.
The question in the case is, whether a lease of premises to be used as a place for the sale of intoxicating liquors is void ; and no rent ca’n be recovered thereon, irrespective of the question whether illegal sales have been made. It is claimed for the defendant in error that such is the law, and in support of the claim counsel cite and rely on a clause in section 4364, Revised Statutes. The clause is as follows :
“All contracts, whereby any building or premises shall be rented, or leased, and the same shall be used or occupied in whole or in part for the sale of intoxicating liquors, shall…
2Cases cited1 opinion
- Baker v. BeckwithOhio Supreme Court · 1876