ZIMMERMAN, J.
Since the agreement of June 28, 1943, signed by plaintiff and the two defendants in the presence of two attesting witnesses and acknowledged before a notary public, is the controlling factor in this case, the same is quoted in full as follows:
"This agreement entered into at Akron, Ohio, this twenty-eighth day of June, 1943, by and between Gail Heath, Robert Heath, and Paul Baccelieri, all of Akron, Ohio, witnesseth:
"Whereas, Gail Heath...
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