21 Ohio St. (N.S.) 664
Decided December 15, 1871
Ohio Supreme Court · decided 1871-12-15
In the court below Anne J. Pendleton brought an action against Mitchell & Eowland for the recovery of rent. The liability was denied. And on the trial, a jury having been waived, the court, having been requested to make a special finding of the facts, separate from the questions of law, found the following to be all the material facts of the case : 1.
Decided 1871-12-15
¶1We are of opinion that the court below erred in holding, as matter of law, that the plaintiff was entitled to recover on the facts found. There was no express contract to pay rent for the land not embraced in the last lease; and we think none can be implied from the facts of the case, but, rather, that such implication is negatived by the conduct of both parties.
¶2Judgment reversed.