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KIRK v. SCHUMETH

No. 2180.

92 Ohio App. 442 (1952)

KIRK, APPELLEE, v. SCHUMETH, APPELLANT.

Court of Appeals of Ohio, Montgomery County.

Decided April 10, 1952.

Attorney(s) appearing for the Case

Messrs. Pickrel, Schaeffer & Ebeling, for appellee.

Mr. William Swaney, for appellant.

WISEMAN, J.

This is an appeal on questions of law from a judgment of the Common Pleas Court of Montgomery County affirming a judgment of the Municipal Court of Dayton refusing to vacate and set aside a judgment on a petition filed after term.

The defendant entered into a valid contract to purchase a residence owned by Melvin and Martha Burden, who were represented by the plaintiff as agent. Not being in possession...

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