ELLIOTT v. M. W. REALTY, INC.

No. 4854.

111 Ohio App. 261 (1959)

ELLIOTT, APPELLEE, v. MARC WILCHER REALTY, INC., ET AL.; WESTERN SURETY CO., APPELLANT.

Court of Appeals of Ohio, Summit County.

Decided April 1, 1959.


Attorney(s) appearing for the Case

Messrs. O'Neil & Smith, for appellee.

Messrs. Slabaugh, Walker, Plugger, Roderick & Myers, for appellant.


DOYLE, P. J.

This case involves the right of a surety on the bond of a defaulting real estate broker to have vacated, during court term, a judgment entered against it, and to file an amended answer setting forth the fact that it had paid its entire liability of $5,000, under its bond, to various other persons who had been victimized by the broker.

The trial court denied a motion of the surety company to accomplish the above claimed right, and entered its judgment...

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