Ohio Court of Appeals, 1928

Hutchinson v. Renner

Hutchinson v. Renner
Ohio Court of Appeals · Decided July 1, 1928 · Funk, Pardee, Washburn
6 Ohio Law. Abs. 581

Hutchinson v. Renner

Opinion of the Court

FUNK, J.-

GUARANTY--Pleadings (440 A) ■

(280 W) A failure to allege the giving of notice, as required by Section 8429 GC., in an answer setting up a breach of warranty as a counterclaim against the purchase price, renders the answer demurrable and insufficient.

(Washburn, P.J., and Pardee, J., concur.)

For reference to full opinion, see Omnibus Index, last page, this issue.

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