Schwartz v. Capital Savings & Loan Co.

Plaintiff appeals from a judgment of the Franklin County Court of Common Pleas dismissing his amended complaint for failure to state a claim for relief.

Plaintiff’s amended complaint alleges that on four occasions (July 2, 1974, April 1, 1975, April 1, 1975, and March 1, 1976), defendant “falsely and fraudulently represented in a public notice published in the Daily Reporter” that four different mobile homes would be offered for sale at public auction to the highest bidder on a specified date and with a stipulated minimum price. The amended complaint further alleges that:

“5. In reliance upon,…