Mackenzie v. Stuber
Ohio Supreme Court
Mackenzie v. Stuber, 7 Ohio Law. Abs. 109 (Ohio 1929)
Allen, Day, Jones, Kinkade, Marshall, Matthias, Robinson
Mackenzie v. Stuber
Opinion of the Court
Syllabus by
REAL ESTATE
(510 L2) (510 F3) Where a plaintiff prays a personal judgment and foreclosure of a conditional land contract, the defendant is entitled to have the issue of personal judgment, if such issue is joined, submitted to the determination of a jury, and a denial of that right by the trial court is error.
CONTRACTS
(150 Da) Where liquidated damages are provided for in a contract as compensation for a breach upon the part of one party to the contract, such contract provides the measure of damages and no further recovery may be had by the complaining party.
Reference
- Full Case Name
- MACKENZIE et v. STUBER et
- Status
- Published