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SHERMAN v. JOHNSON

Nos. 33119 and 33164.

159 Ohio St. 209 (1953)

SHERMAN, A MINOR, APPELLEE, v. JOHNSON ET AL., APPELLANTS. KATAFIASZ, APPELLEE, v. GLEMP ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 22, 1953.

Attorney(s) appearing for the Case

Mr. Gus K. Allen, for appellee in case No. 33119.

Mr. Clayborne George and Mr. John G. Pegg, for appellants in case No. 33119.

Mr. Thaddeus N. Walinski, for appellee in case No. 33164.

Mr. Fred A. Riehm and Mr. Wm. Kent Fenton, for appellants in case No. 33164.

TAFT, J.

The question presented to this court in each of these cases is whether specific performance of the alleged contracts may be enforced, notwithstanding the provisions of Sections 8621 and 10504-3a, General Code.

Those sections read:

Section 8621. "No action shall be brought whereby to charge the defendant, upon a special promise, to answer for the debt, default or miscarriage, of another...

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