Legal Opinion

Nagy v. Wargo

Ohio Court of Appeals

Decided June 21, 1929No. 496PublishedCited by 2 opinions

1Opinion of the CourtWashburn, J.

It seems to be settled that where a lease contains a condition that the lessor may re-enter and put an end to the lessee’s estate, upon the lessee’s failure to pay the rent at the time specified, a court of equity will relieve the lessee and set aside a forfeiture incurred by his breach of the condition, on the theory that such condition and forfeiture are intended merely as a security for the payment of money— such relief being granted upon the condition that the defaulting party does that which is equitable and just under the circumstances; but a court of equity will refuse to aid a…

2Cases cited1 opinion

  1. Tabor v. BellmanOhio Court of Appeals · 1919

3Cited by2 opinions

  1. Heisler v. WiegandOhio Court of Appeals · 1936
  2. Peppe v. KnoeppOhio Court of Appeals · 1956

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