Frank v. Flynn

This is an appeal on questions of law from a judgment entered in favor of the defendant at the close of plaintiffs’ case in the Cleveland Municipal Court.

On June 15, 1959, defendant, James G. Flynn, entered into a written agreement with James Dworkin to rent premises located at 2626 Wooster Road, Rocky River, Ohio. He took possession of said property on or about the same date.

On September 10, 1959, plaintiffs, Morton Frank and Wilbur Bailis, became owners of the premises and on the same day were assigned said written agreement.

Defendant continued in the possession of the premises and paid the…