Pickersgill v. Hunt

Citations

• 30 Ohio C.C. Dec. 677
• 16 Ohio C.C. (n.s.) 139
• 1909 Ohio Misc. LEXIS 358

Syllabus

<p>APPEAL.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>Appeal on Dismissal of Cross-Petition Tendering Equitable Defense before Issues Tendered by Petitions Tried is Premature.</p> <p>Suit was brought upon a building contract and for extras; the defendant, by cross-petition, asked that the contract be reformed to include modifications of it claimed to have been made by the parties; hearing on the cross-petition was had to the court, before the issues made by the petition were tried to a jury and the court dismissed the cross-petition, whereupon, and before trial of issue tendered by the plaintiff, the defendant appealed. Held: As the judgment on the equitable cause of action set up in the cross-petition did not dispose of the entire case there was no final order and the appeal was prematurely taken and must be dismissed.</p> <p>[Syllabus by the court.]</p>