ANDREWS v. DECESSNA

No. 32061.

154 Ohio St. 329 (1950)

ANDREWS, APPELLANT, v. DECESSNA ET AL., APPELLEES, ET AL.

Supreme Court of Ohio.

Decided December 13, 1950.


Attorney(s) appearing for the Case

Messrs. Sheppard & Agnew and Messrs. Scott & Scott, for appellant,

Mr. Frank C. Leyshon, Messrs. Willis & Tedrick and Messrs. Graham. Graham, Hollingsworth & Gottlieb, for appellees.


ZIMMERMAN, J.

When plaintiff's motion to certify was allowed, this court entertained the view that probably an important principle of law was involved upon which the court should make pronouncement, to wit, whether the acceptance of the stipulated rental by a lessor from his lessee, after a claimed cause for the forfeiture of the lease had occurred, other than nonpayment of rent, operated to waive the right of the lessor to continue to rely on such claimed ground...

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