H. & S. Pogue Co. v. Townsley

Citations

• 16 Ohio N.P. (n.s.) 590
• 25 Ohio Dec. 455
• 1914 Ohio Misc. LEXIS 45

Syllabus

<p>Pleading — In an Action on a Contract But Partly Performed — Effect of Tender of Amount Admittedly Due.</p> <p>Where a plaintiff in an action for recovery on a contract alleges partial performance with an excuse for failure to completely perform, a motion lies to make definite and certain an answer which admits performance of a portion of the work and states the value thereof, but omits a statement of the portions of the work left unperformed which is the fact directly in issue.</p>