ZAFIRES v. PETERS

No. 33445.

160 Ohio St. 267 (1953)

ZAFIRES, APPELLEE, v. PETERS (PETERS, ADMR., SUBSTITUTED DEFENDANT) ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 2, 1953.


Attorney(s) appearing for the Case

Messrs. Bowers, Bowers & Bowers, for appellee.

Mr. H. Clifton Graybill, for appellants.


ZIMMERMAN, J.

We have no doubt that both the Court of Common Pleas and the Court of Appeals in rendering the judgments they did acted with the best of motives, but was there legal justification for what they did?

Here the plaintiff seeks a money judgment against the administrator based solely on the claim of fraud and misrepresentation in the sale of a business enterprise. It is elementary that one who seeks relief...

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