SHANKS v. FLOOM

No. 33921.

162 Ohio St. 479 (1955)

SHANKS ET AL., APPELLANTS, v. FLOOM ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 2, 1955.


Attorney(s) appearing for the Case

Messrs. Black, McCuskey, Souers & Arbaugh, for appellants.

Messrs. Aungst, Snyder, Walsh & Krugliak, for appellees.


BELL, J.

The agreement which resulted in the construction of the driveway came about, according to the testimony of Austin Schiltz, as follows:

"A. One evening Mr. Floom said, `Aust, how about making this drive in the center; you pay half and I'll pay half and I said, `O. K.' and it was done and I paid my share and he paid his."

It is conceded by defendants that if their use of the driveway, and that of their predecessors in title, pursuant to this...

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