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VITALE BROS. CO. v. WURTZ

No. 3107.

2 Ohio App. 2d 99 (1965)

VITALE BROS. CO., APPELLANT, v. WURTZ ET AL., APPELLEES.

Court of Appeals of Ohio, Stark County.

Decided April 21, 1965.

Attorney(s) appearing for the Case

Mr. James V. Armogida and Mr. Russell J. Burt, for appellant.

Mr. Sherwood Ake, for appellees.

McLAUGHLIN, J.

A lessee erected a "diner" upon a certain lot in Canton. The plaintiff constructed the concrete foundation for the diner, together with walks, paved parking area, and brick basement.

The lessee defaulted, forfeited his lease to the landowners, and the diner was repossessed and removed under a conditional sales contract upon which it had been bought.

The plaintiff perfected a mechanic's...

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