PUMPHREY v. QUILLEN

No. 34564.

165 Ohio St. 343 (1956)

PUMPHREY ET AL., APPELLEES, v. QUILLEN ET AL., APPELLEES; TAYLOR, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided June 13, 1956.


Attorney(s) appearing for the Case

Messrs. Smoyer & Smoyer and Mr. Ben H. Baldwin, for plaintiff appellees.

Messrs. Johnstone & Gabalac, for defendant appellees.

Mesrs. Felver & Hartnett, for appellant.


WEYGANDT, C. J.

The nub of this controversy is the nature of the structure of the house involved in the transaction.

This is described as follows in one paragraph of the plaintiffs' petition:

"Wooden forms had been constructed with an opening about one foot in width and through such opening earth and clay had been poured into said forms and as a binding agent straw had been mixed therewith and after said material had been tamped the forms were removed...

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