Frechtling v. Jacobs

9 Ohio C.C. (n.s.) 554, 1907 Ohio Misc. LEXIS 230

Opinion

Giffen, J.

(dissenting).

The lease was for a term of fifteen years but the option of purchase survived until the death of Elizabeth C. Jacobs, when her heirs and legal representatives were, by the terms of the agreement, bound to execute and deliver to the second party a good and sufficient deed upon payment of the purchase money.

The appraisement provided for, in the event Elizabeth C. Jacobs shall not sell and convey during her life, is of the same premises as the appraisement which is provided for in the event she does sell and convey during her life, to-wit: the ground not including the improvements the second party may have made thereon.

Demurrer to petition overruled, and decree for specific performance.