HALLER v. BORROR CORP.

No. 88-2020.

50 Ohio St. 3d 10 (1990)

HALLER ET AL., APPELLEES, v BORROR CORPORATION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 21, 1990.


Attorney(s) appearing for the Case

Andrea R. Yagoda and Jerry Weiner, for appellees.

Vorys, Sater, Seymour & Pease, John C. Elam and James E. Phillips, for appellants Borror Corp. and Donald A. Borror.

Porter, Wright, Morris & Arthur and Thomas R. Sant, for appellants William McCauley and John Holle.


GRADY, J.

In this case we are presented with two issues: whether in an action to set aside a settlement agreement for fraud a plaintiff is required to first tender to a defendant the consideration he received in settlement, and whether an allegation that one has been wrongfully induced by another to commit a crime states an actionable claim for damages.

I

Fraud in the Factum

A release of a cause of action for damages is ordinarily an absolute...

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