Nicola v. General Oil Gas. Co.

Full title: NICOLA, EXR., APPELLEE v. THE GENERAL OIL GASOLINE CO. ET AL., APPELLANTS

Court: Supreme Court of Ohio

Date published: May 4, 1938

15 N.E.2d 140 (Ohio 1938)

15 N.E.2d 140

Opinion

No. 27023

Decided May 4, 1938.

Supreme Court — Dismissals — No debatable constitutional question involved — Evidence — Written lease of land — Defendant called for cross — examination by plaintiff — Defendant may not testify as to claimed oral abrogation of lease.

APPEAL from the Court of Appeals of Cuyahoga county.

Mr. E.A. Binyon, for appellee.

Mr. Martin J. Monahen, for appellants.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, DAY, ZIMMERMAN, WILLIAMS, MYERS and GORMAN, JJ., concur.