Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-01-25
SUPREME OOURT OF OHIO.

TUESDAY, Jan. %, 1867.
Hon. Josiah Scott, Chief Justice Hon. Luther
Day, Hon. William White. Hon, John w elch
and Hon. Jacob Brinkerhoi, Judges. 1.r
l.. j. Oritchfeld, ESQ.,, Reporter. .r....-..
-r-..s.y O. GENERAL DOCKET. 4.f f. ..
No. l3. Gleason +. Lewisy.J hn &. White. Err
ror to the District Court OF Cuyahoga county.
Where. in Contraction the sale of real estate, the
vendor agrees to have in readiness on given day
deed conveying TO the vendee perfect title to the
premises" Sold and which is to be delivered 70 the
money, and giving his bond and mortgage. on time,
for the balance:-held; Ltg- ..-te . an
/. The vendee may well refuse to accept any CON
yeyance of the premises while there remains 4 sub
sisting mortgage incumbrance thereon. :. .l.
2 provision in the contract of SALE that in case
the ven lee shall be compelled to extingush any lien
upon the premises. the amount expended for this
purpose shall be deducted from the amount secured
BY the bond, being for the benefit Of the vendee
docs not absoys the vendor from his obligation to
make at FIRST, "a perfect title to the premisesN
>. Where the premises are purchased sqbjSctto an
outstanding lease, and the vendee obtains posses
ion Of the premises and holds the same only by the
purchase of the outstanding term Of the lessee. such
the vendee to rescind the contract for good cause
L. Generally in contracts this kind. the parties
being free ymutua consent to enter into they
are. By like mutu consent free TO rescnd them.
And where the vendor, by reason or an outstanding
incumbrance, is unable, for more than two weeks
after the time fixed by the contract ~ convey the
"perfect title" which he was bound TO furnish and
the Yendee then demands from the vendor such con-
yeyauce, and offers TO perform the stpuatons Of
the contract bis parts and then, on the failure Of
the vendor to comply with snch demand, notifies him
that he rescinds the contract and thereafter treats
the same as rescinded, and the vendor remains de-
linquent for an unreasonable time thereafter. his
consent 70 rescison Of thecontraet s eoncusively
presumed from his delinquency. . ,i,,l. ~, =.
, 5. In the case above supposed. the right OF the
yendee TO treat the contract as resciuded does moi
depsnd on the good faith Of his per 10 perform thS
\ Stpuat0ns of the contract on his phft but rather
on his consent 70 rescison, and the like consent
7 presumed from his delinquency. lHi l-ila
. Judgment reversed and renanded. .n.r
+ . No a., The State for the use Of the Commission
/, ers Of Crawford county v. Thomas j. Orr and
( Error to the Common Pleas Of Crawford county
reserved in the District Court. "a, q ,,t
GoSSty Commissioner can maintain an action
upon the Clerks afticia bond. TO recover unclamet
costs which he negects 70 pay oyer 70 the Count
Treasurer e law nd Sasr Fshi s @ g ac0
Tiding penalty sgainst the Clerk for such neglec
Of duty. gg va. ..iYl u lt,f,L A. ~, - a,
I7th and not by the i4th section Of the code and
may be commenced at any time within ten years.
Judgment reversed ana cause remanded. q.
No, 49,. glidden, Mnrhe yo., fy.J; p; Tnaylo n.yI
county, w HiiAihJA J. 3N4 Hr}3yA dhf1 dJJi
WHIfB.J.lig anr. glg ..14i 1g1J %, .h,Yt
| A husband, who had failed in manufacturing bus
| ipess. commenced business anew with the money 3
his wife, with her consent and carried on the bus
| ness pfofessedly rs her agent, for years, makip
profits was the personal services and skill ot the hni
| band. The wife gave no personal attention 20 th
business there was contract between her and nc
were kept between the parties Part Of the proceed
OF the business was applied TO- the support Of th
family, part used by the husband, and part nysSte
/ wife. In q sui, BY the creditors Of The husband
subject the property 90 purchased 10 the payment
4 i. That The wife cannot claim the Whole Of u
prorerty al profits arising from her separate mono
4 I A. That where che thus suffers her money tol