SCHWARTZ v. GROSS

No. 4313.

93 Ohio App. 445 (1952)

SCHWARTZ, APPELLEE, v. GROSS ET AL., APPELLANTS.

Court of Appeals of Ohio, Summit county.

Decided December 10, 1952.


Attorney(s) appearing for the Case

Mr. J. Edward Schenz, for appellee.

Messrs. Holub & Holub, for appellant.


DOYLE, J.

Robert Schwartz instituted an action in the Municipal Court of Akron, in which he asserted that Emil C. and Rose K. Gross (husband and wife) expressly warranted that a grand piano which they sold to him "was in good condition and had an excellent tone, and the plaintiff was induced to purchase said piano upon said representation." The plaintiff further claimed that, at and before the sale, the piano was not in good condition, "by reason of it having a split...

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