Volume 89 — Ohio State Reports

<p>Error to the Circuit Court of Franklin county.</p> <p>Walter E. Albery- and Reno P. Sagar brought suit in the court of common pleas against Samuel L. Black and Ned A. Thompson, alleging that on the 26th day of March, 1908, the plaintiffs and one L. B. Condit were partners transacting business at Groveport, Ohio, as the Groveport Creamery Company; that the defendant Thompson was doing business as the Thompson Creamery Company; that upon said day said Albery, Sagar and Condit, as parties of the first part, and said Thompson, as party of the second part, entered into a contract whereby the parties of the first part agreed to furnish to the party of the second part for one year beginning April 1, 1908, the entire output of their creamery, and he agreed to pay for the same at prices named in the contract.</p> <p>They further allege full. performance on their part and a failure of Thompson to pay for a large part of the products so delivered to him, annexing to their petition an account of the items so delivered but not paid for. A recovery was sought against Thompson for failure to perform his agreement aforesaid, and against Black as surety for him, Black’s undertaking being endorsed upon the contract between the principal parties, and being in the terms following, to-wit: “For value received I bind myself as surety, for the faithful performance of the above contract by and on the part of said N. A. Thompson.”</p> <p>. The petition further alleges that after the making of said contract, but before the first day of April, when it was to become operative, Condit sold and transferred to the plaintiffs his entire interest in the property and .business of the Grove-port Creamery Company. Black demurred generally to the petition and his demurrer was overruled. After issues of fact joined, there was a trial and judgment against both Thompson and Black. Thompson does not here complain of the judgment against him. Black filed a petition in error in the circuit court, his principal assignment of error being the overruling of his demurrer to the petition. The circuit court affirmed the judgment of the court of common pleas.</p>

On the 24th day of July, 1889, the board of trade of the city of Portsmouth, Ohio, purchased from the heirs of John Rhodes a part of what was known in that vicinity as the “Rhodes farm,” which farm lies directly east and contiguous to a farm then owned by John G. Peebles.