Delfino v. Paul Davies Chevrolet, Inc.

Appellant bases his right of recovery on any one of the three separate and independent grounds. First, that Section 2719.01, Revised Code, rendered the lease valid; second, that a court of equity under its powers of reformation may reform this lease and render it valid; and, third, that part performance has removed this lease from the operation of the statute of conveyances (Section 5301.01, Revised Code). We will consider appellant’s arguments in that order.

Section 5301.01, Revised Code (127 Ohio Laws 1039, 1108), in relation to the execution of instruments, provided as follows:

‘ ‘ A deed,…