SINGER v. SCHOLZ HOMES, INC.

No. 4106.

36 Ohio App. 2d 125 (1973)

SINGER ET AL., APPELLANTS, v. SCHOLZ HOMES, INC., APPELLEE.

Court of Appeals of Ohio, Montgomery County.

Decided February 15, 1973.


Attorney(s) appearing for the Case

Messrs. Coolidge, Wall, Matusoff, Womsley & Lombard and Mr. Peirce Wood, of counsel, for appellants.

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman and Mr. H. Callard, of counsel, for appellee.


CRAWFORD, P. J.

This case is a sequel to a previous case before this court. In the former case plaintiffs claimed damages for defendant's anticipatory breach of a sixty-year lease, and recovered a verdict for damages of $43,733.

We reversed that judgment on appeal, finding that the court erred in its instruction upon the measure of damages, as well as in other respects. We remanded the case to the court of common pleas for a new trial in accordance with our...

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