MEINEKE v. SCHWEPE

No. 215.

93 Ohio App. 111 (1952)

MEINEKE ET AL., APPELLANTS, v. SCHWEPE ET AL., APPELLEES.

Court of Appeals of Ohio, Warren county.

Decided April 24, 1952.


Attorney(s) appearing for the Case

Mr. David H. Stevenson, for appellants.

Messrs. Maple & Maple, for appellees William H. Schwepe and Bailey-Murphy Company.

Mr. Roland Carey, for appellee Earl Wiederhold.

Mr. Charles M. Leslie, for The Second National Bank.

Messrs. Graydon, Head & Ritchey, for Fifth-Third Union Trust Company.


Per Curiam.

This is an appeal on questions of law and fact from an action for specific performance of a contract, in which action defendant Schwepe seeks damages for breach of the same contract.

The defendant Schwepe owned a farm in Harlan township, Warren county, Ohio. This farm was encumbered by certain mortgages and was in the possession of the defendant Wiederhold under an agreement with Schwepe, whereby they divided the net income from its operation...

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