Straus v. Stern

Ohio Supreme Court

Straus v. Stern

91 Ohio St. (N.S.) 401

CourtOhio Supreme Court

DecidedDecember 15, 1914

DocketNo. 14119

StatusPublished

This text of 91 Ohio St. (N.S.) 401 (Straus v. Stern) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Straus v. Stern, 91 Ohio St. (N.S.) 401 (Ohio 1914).

Pincite

Opinion

Judgment reversed. Petition dismissed without prejudice.

It is, therefore, considered and adjudged by this court that the judgment of the court of appeals be, and the same hereby is, reversed. And coming now to render the judgment that the court of appeals should have rendered, the judgment of the common pleas court in this action is hereby reversed, set aside and held for naught, and said action is dismissed without prejudice to a new action when defendant in error Matilda Stern shall have complied with the terms of said contract, or the same shall become impossible of performance by reason of the default, hindrance or refusal of the plaintiffs in error or their assignees or grantees to permit suit to be brought in the name of the real party in interest to quiet the title thereto. — Reporter. Shauck, Johnson, Donahue and Newman, JJ., concur,

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment reversed. Petition dismissed without prejudice.

It is, therefore, considered and adjudged by this court that the judgment of the court of appeals be, and the same hereby is, reversed. And coming now to render the judgment that the court of appeals should have rendered, the judgment of the common pleas court in this action is hereby reversed, set aside and held for naught, and said action is dismissed without prejudice to a new action when defendant in error Matilda Stern shall have complied with the terms of said contract, or the same shall become impossible of performance by reason of the default, hindrance or refusal of the plaintiffs in error or their assignees or grantees to permit suit to be brought in the name of the real party in interest to quiet the title thereto. — Reporter. Shauck, Johnson, Donahue and Newman, JJ., concur,

Cite This Page — Counsel Stack

Bluebook (online)

91 Ohio St. (N.S.) 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/straus-v-stern-ohio-1914.