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STEWART REALTY CO. v. KELLER

No. 8961.

118 Ohio App. 49 (1962)

STEWART REALTY CO., INC., APPELLEE AND CROSS-APPELLANT, v. KELLER, APPELLANT AND CROSS-APPELLEE.

Court of Appeals of Ohio, Hamilton County.

Decided February 1, 1962.

Attorney(s) appearing for the Case

Messrs. Goodman & Goodman, for appellee and cross-appellant.

Mr. Milton M. Bloom, for appellant and cross-appellee.

GUERNSEY, P. J.

This is an appeal and cross-appeal on questions of law in an action for damages brought by the plaintiff, as vendor in a contract for the sale of real estate, against Gerald D. Keller, who the plaintiff claims is personally liable on the contract.

The vendee named in the contract, "Avon Brand, Inc., an Ohio corporation," was never organized in accordance with the representations of Keller. The contract was signed, "Avon

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