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SANTELLE v. SNYDER

No. 3144.

3 Ohio App. 2d 246 (1965)

SANTELLE, APPELLANT, v. SNYDER, EXRX., APPELLEE.

Court of Appeals of Ohio, Stark County.

Decided August 11, 1965.

Attorney(s) appearing for the Case

Mr. Frank Menster, Mr. L. M. Roraback and Mr. George Aman, for appellant.

Mr. V. F. Mills and Mr. Bruce Bixler, for appellee.

McLAUGHLIN, J.

A judgment was entered for defendant on the basis of an inconsistency between the plaintiff's opening statement and petition. This appeal on questions of law results.

The petition, in pertinent part, states:

"The plaintiff further says that the defendant's decedent resided in the home of the plaintiff from 1932 to 1957, and that the parties agreed upon a rental at the rate of thirty (...

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