Jacob v. Fischer

Ohio Superior Court, Cincinnati

Jacob v. Fischer

5 Ohio N.P. 419

DecidedJune 15, 1898

StatusPublished

This text of 5 Ohio N.P. 419 (Jacob v. Fischer) is published on Counsel Stack Legal Research, covering Ohio Superior Court, Cincinnati primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jacob v. Fischer, 5 Ohio N.P. 419 (Ohio Super. Ct. 1898).

Pincite

Opinion

DEMPSEY, J.

Motion granted. The petition is one for a partition of real estate; the answer seeks to postpone partition by averment of a promise between plaintiff and defendants to defer partition or sale of premises until after a certain date. Where defendant seeks to bar plaintiff’s right of action by reason of a promise or agreement, which by the statute of frauds is required to be in writing, defendant’s answer must show such promise or agreement to be m writing. Reinheimer v. Carter, 31 Ohio St., 579-587; Headington v. Neff, 7 Ohio St., 229.

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DEMPSEY, J.

Motion granted. The petition is one for a partition of real estate; the answer seeks to postpone partition by averment of a promise between plaintiff and defendants to defer partition or sale of premises until after a certain date. Where defendant seeks to bar plaintiff’s right of action by reason of a promise or agreement, which by the statute of frauds is required to be in writing, defendant’s answer must show such promise or agreement to be m writing. Reinheimer v. Carter, 31 Ohio St., 579-587; Headington v. Neff, 7 Ohio St., 229.

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Bluebook (online)

5 Ohio N.P. 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacob-v-fischer-ohsuperctcinci-1898.