Brown v. Farr

Citations

• 26 Ohio C.C. Dec. 662

Syllabus

<p>CONTRACTS — PLEADING—RELEASES.</p> <p>1. Failure of Petition to Allege Amount Due not Fatal Defect.</p> <p>A judgment will not be reversed solely by reason of a defect in the petition in failing to aver that the amount claimed is due, where issues have been joined and the cause tried on its merits and it appears from the record that the defective petition did not result in prejudice to the adverse party.</p> <p>2. Release Relied Upon as Defense Obtained Through Misunderstanding Requires no Separate Action to Cancel.</p> <p>Where it is clearly apparent that the plaintiff was led to sign the release relied upon by the defendant through a misunderstanding as to its character, or it appears that the instrument signed was a mere nudum pactum, it is not necessary to set the instrument aside by a separate action nor to demand a cancellation of such release by a separate cause ot action.</p> <p>3. Claim for Services Rendered by Member of Family must be Established by Unequivocal Proof.</p> <p>No contract to pay for services can be imp’ied where a family relationship existed between the parties, but such a contract must be established by clear and unequivocal proof; and this rule is as applicable to an action against the head of a family during his lifetime as against his administrator after his death.</p>