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DOTY, EXR. v. PETERS

Nos. 231 and 232.

106 Ohio App. 435 (1958)

DOTY, EXR., APPELLANT, v. PETERS, APPELLEE. DOTY, EXR., APPELLANT, v. MARTIN ET AL., APPELLEES.

Court of Appeals of Ohio, Madison County.

Decided July 11, 1958.

Attorney(s) appearing for the Case

Messrs. Jackman, Nichols & Grubbs and Mr. Ralph W. Lucas, for appellant.

Mr. Gilbert Kirby, for appellees.

CRAWFORD, J.

These two cases are appealed on questions of law from judgments for the defendants, entered by the Court of Common Pleas upon motions of the defendants at the conclusion of plaintiff's opening statement. Both cases were brought by the same plaintiff, as executor, against different devisees. Each petition contained two causes of action, one upon an express contract, the other for a separate claim upon quantum meruit. By agreement both cases were...

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