Ohio Supreme Court November 10, 1908, No. 10689 (Anderson v. United Realty Co.)

Davis, J.,

dissenting. It seems to have been conceded at every stage of this case that Shaw v. Hoard, 18 Ohio St., 227, if adhered to would com trol the judgment in the present controversy; but the circuit court passed over it with the remark that it had been ignored if not substantially overruled in cases following Niles v. Gray, 12 Ohio St., 320.