
    No. 76
    TARBELL v. DIETHER
    Ohio Appeals, 8th Dist., Cuyahoga Co,
    Nos. 5278, 5279.
    Decided Oct. 27, 1924
    923 PLEADINGS—Illy drawn' petition stating, cause of action, good as against demurrer.
    Published only in Ohio Law Abstract
    Attorneys—Turney and Sipe for Tarbell; Sobul and Elder for Diether, all of Cleveland..
   PER CURIAM.

Epitomized Opinion

These actions were brought in the Cuyahoga Common Pleas by Tarbell to recover a balance on a written contract for the sale of real estate to Diether. The balance of $6200 in form of mortgages was not paid, and upon suit brought in Common- Pleas, foreclosure judgment and sale of property resulted. Under the contract, there was still a balance of $2900 due, and when sued for in Common Pleas Court a demurrer was filed by Diether, which was sustained. The plaintiff not desiring to plead further, had judgment declared against him. '

The Court of Appeals in reversing this judgment with direction to overrule the demurrer held:

Although Tarbell’s petition is not cunningly drawn, it states a cause of action that would be good as against a demurrer.  