Tennenbaum v. State

Citations

• 20 Ohio C.C. Dec. 651
• 11 Ohio C.C. (n.s.) 303

Syllabus

<p>AFFIDAVITS — CONDITIONAL SALES — CRIMINAL LAW.</p> <p>Swing, Giffen and Smith, JJ.</p> <p>Allegation that Transaction is Conditional Sale Essential to Charge Offense of Retaking Goods Sold on Installments.</p> <p>In the absence of an allegation that the transaction was a conditional sale as defined by Sec. 1 of act 98 O. L. 115 (Sec. 4155-2 Rev. Stat.; Lan. 6849), a demurrer will lie to an affidavit charging the seller with retaking goods which had been sold on installments and on which the amount paid exceeded 25 per cent of the contract price for sai'd goods.</p> <p>[Syllabus approved by the court.]</p>