Legal Opinion
Hitz v. Ohio Fuel Gas Co.
Ohio Court of Appeals
Decided October 20, 1932PublishedCited by 8 opinions
1Opinion of the Court
SHERICK, PJ.
Such facts as were adduced at trial as are pertinent to the question at issue will hereinafter be referred to.
The plaintiffs devote much time and energy in establishing the fact that the instrument is what is known as an “unless” lease, that it is not an “or” lease, and therefore the nonpayment of rental works a forfeiture of this lease at the lessor’s election. We do not believe that this question aids in the solution of the problem.
The sole question as we see it is: Was payment made in time? Or, otherwise stated, was payment made in this instance in time by deposit in the mails…
2Cases cited5 opinions
- Tobin v. TaintorMassachusetts Supreme Judicial Court · 1918
- Hummelshime v. StateCourt of Appeals of Maryland · 1915
- Little v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Collins v. HooverMissouri Court of Appeals · 1920
- Hudson v. Grand Rapids & Indiana Railway Co.Appellate Court of Illinois · 1917
3Cited by8 opinions
- Dorothy Jane Simpson v. Jefferson Standard Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1972
- Casto v. State Farm Mutual Automobile InsuranceOhio Court of Appeals · 1991
- Corley v. Olympic Petroleum CorporationCourt of Appeals of Texas · 1966
- First Federal Savings & Loan Ass'n v. AnsellOhio Court of Appeals · 1941
- Avemco v. EavesOhio Court of Appeals · 1990
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