Newburg Brick & Clay Co. v. Chojnicki

The defendant in error recovered a verdict and judgment of $250 in the court of common pleas for personal injuries received by him, in consequence of being struck by a piece of ■.stone flying upon his own premises from a blast in the quarry of the plaintiff in error.

i The first error assigned is upon the exclusion of evidence of an oral executory agreement of settlement between the parties. This ruling was made upon the authority of Frost v. Johnson, 8 Ohio 393, wherein the first paragraph of the syllabus is as follows;

An accord with mutual promises to perform is not a good defense if there…