
    No. 748
    SCHMITT v. WEILER
    Ohio Appeals, 8th Dist., Cuyahoga County
    No. 5162.
    June 30, 1924
    (Pollock, Roberts and Farr, JJ., sitting)
    297. CONTRACTS — When an option expired on Sunday, an election exercised on the following Monday is sufficient.
    Attorneyt — J. J. Mahon and Frank L. Marvin, for Schmitt; White, Hammond, Brewer & Curtis, for Weiler et al; all of Cleveland.
   FARR, J.

Epitomized Opinion

Published Only In Ohio Law Abstract

Original action in the Common pleas to recover damages wherein J. E. Weiler et al were plaintiffs, and Victor J. Schmitt was defendant. Schmitt executed an option contract on Jan. 13, 1922, which was to expire on Jan. 15, 1922. On Jan. 14, the optionees wrote a letter to Schmitt electing to take under the option, which letter was received by Schmitt on the 16th day of January, the 15th being Sunday. Some other facts were found by the jury in favor of plaintiffs, and the verdict being rendered for plaintiff, Schmitt prosecuted error contending among other things that the option was not exercised within the time prescribed. The Court of Appeals held:

When the time to elect and give notice falls on Sunday, an election on the following Monday is sufficient. (Authorities cited.) Judgment affirmed.  