Ohio Court of Appeals October 22, 1928, No. 9303 (Pastor v. Silvester)

SULLIVAN, PJ.

Evidence was offered tending to show that in case of the default of the commission agreed upon that then and thereupon a recovery could only be had by testing out the question as to who was responsible for the rescinding of the agreement as it will be observed that this situation arises out of a reading of the second clause of the paragraphs above quoted.