SURETY SAVINGS & LOAN CO. v. KANZIG

No. 77-350.

53 Ohio St. 2d 108 (1978)

SURETY SAVINGS & LOAN COMPANY, APPELLEE, v. KANZIG ET AL; WAYNE SAVINGS & LOAN ASSOCIATION, APPELLANT.

Supreme Court of Ohio.

Decided February 15, 1978.


Attorney(s) appearing for the Case

Messrs. Wilson & Murray and Mr. Joseph Murray, for appellee.

Kauffman, Eberhart, Cicconetti & Kennedy Co., L. P. A., and Mr. Charles A. Kennedy, for appellant.


WHITESIDE, J.

The issue in this cause is whether Surety can enforce its financing agreement with Glatt's as against Wayne and the Kanzigs. Wayne has raised no issue with respect to indemnification of the Kanzigs, acceding thereto, and thus essentially stands in place of the Kanzigs.

The modular home in question, not having wheels or runners, is not a motor vehicle as defined by R. C. 4505.01 since it does not appear to be a vehicle as defined by R. C.

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