FULLER v. DRENBERG

No. 39098.

3 Ohio St. 2d 109 (1965)

FULLER, D. B. A. ROBERT C. FULLER BUILDING Co., ET AL., APPELLANTS, v. DRENBERG ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 14, 1965.


Attorney(s) appearing for the Case

Messrs. Clair & Wiles, Messrs. Parks & Eisele and Mr. Ebert Weidner, for appellants.

Messrs. Baker & Pollock and Mr. John C. Pollock, for appellees.


KERNS, J.

At the outset, and in view of the of the arguments of counsel, it should be stated with particularity that the single issue presented in this case is one of pleading: Whether the plaintiffs' second amended petition states a cause of action.

Although but one recovery is sought in the case, the plaintiffs have alleged three separate and distinct causes of action. The first cause of action seeks relief for breach of warranty; the second cause of action...

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