Dennis v. Landreth

Citations

• 22 Ohio C.C. Dec. 678

Syllabus

<p>CONTRACTS — EVIDENCE—PLEADING.</p> <p>1. Tearing off Signature by Party to Option for Cancellation of Lease no Revocation Unless Acquiesced in by Other Party.</p> <p>A written option for cancellation of a lease is not revoked by the landlord’s tearing off his signature thereto on the day of acceptan -e, in the absence of acquiescence and consent by the tenants; whether the revocation was acquiesced in by the tenants is a question of fact for a jury; hence a verdict for the tenants will not be reversed.</p> <p>2. Denial of Public Record “For Want of Knowledge” Insufficient to Put Opposite Party to Proof Thereof.</p> <p>A denial of a public record “for want of knowledge,” in an answer to an averment that plaintiffs had filed their certificate of partnership as required by law, is insufficient to put plaintiffs upon proof thereof.</p> <p>[Proof of this decision was submitted to Judge Henry and corrected. — Ed.]</p>