REINHARD v. BERTRAM

No. 8033.

101 Ohio App. 225 (1956)

REINHARD, D. B. A. W. J. REINHARD SONS, APPELLANT, v. BERTRAM, A. K. A. SCHRIEVER, APPELLEE.

Court of Appeals of Ohio, Hamilton County.

Decided June 25, 1956.


Attorney(s) appearing for the Case

Messrs. Headley, Sibbald & Taft, for appellant.

Messrs. Aug, Elder & Rielly, for appellee.


Per Curiam.

The plaintiff, appellant herein, has presented three grounds for the reversal of the judgment below.

1. He says that the defendant was entitled to recover nothing on her cross-petition, for the reason that she failed to allege and prove that she was ready, willing and able to pay.

The difficulty with the plaintiff's position in this respect is that the defendant's cause of action was based on the failure of the plaintiff to fully...

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