MARION PRODUCTION CREDIT ASSN. v. COCHRAN

No. 87-1691.

40 Ohio St. 3d 265 (1988)

MARION PRODUCTION CREDIT ASSOCIATION, APPELLANT AND CROSS-APPELLEE, v. COCHRAN ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided December 30, 1988.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease and John J. Kulewicz, for appellant and cross-appellee.

Inscore, Rinehardt, Whitney & Enderle and Larry L. Inscore, for appellees and cross-appellants.


HOLMES, J.

The court of appeals found that the Cochrans' counterclaim asserted a claim which avoided the Statute of Frauds and, in fact, stated a cause of action for fraud in the inducement which would have released the Cochrans from their obligations on the notes and the mortgage. We find this holding untenable in light of the record of the transactions and the content of the documents now before us. Accordingly, and for the reasons set forth hereinafter, we now...

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