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· 10/31/1911

Bankey v. Manon

Citations

  • 26 Ohio C.C. Dec. 150
  • 19 Ohio C.C. (n.s.) 192
  • 1911 Ohio Misc. LEXIS 373

Syllabus

<p>SPECIFIC PERFORMANCE.</p> <p>Specific Performance Refused Where Enforcement Would be- Harsh and Inequitable.</p> <p>A decree for specific performance will not be-granted, where to compel performance would be extremely harsh, oppressive and inequitable by reason of the fact that the option of purchase was not exercised by the lessee until the lessor, at the request of the lessee, had put in improvements which doubled both the market and rental value of the property, and double rental was paid by the lessee until about the time of the termination of the lease when an attempt was made to exercise the option of purchase.</p> <p>[Syllabus by the court.]</p>

Judges: Kinkade, Richards, Wildman

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