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Cain v. Brown

Cain v. Brown, 136 N.E. 916 (Ohio 1922)
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Court
Ohio Supreme Court · State Highest Courts
Decided
May 31, 1922
Docket
No. 17,238
Judges
Johnson
Citations
136 N.E. 9161 Ohio Law. Abs. 41105 Ohio St. 2641922 Ohio LEXIS 319
Cited by 9 1 descriptions by later courts

Opinion of the Court — Johnson

Text extracted by OCR from a scanned original; check the original for exact wording.

JOHNSON, J.

Epitomized Opinion

By the terms of a lease $750 was deposited by lessee, to secure the payment of rent and to he applied in payment of the last five months rent of the term. Lessor to -pay $37.50 interest per year on same, up and to the (beginning- of the last five month period. The lease was forfeited long before the beginning of the five month period. Lessor contended that the $750 deposited was forfeited and refused to i-efund; lessee brought suit by cross-petition to recover the amount. The Supreme Court held:

(1) Where a deposit for security for payment of rent is made and the lessor forfeits the lease for condition broken, where the deposit is not part of the consideration for the making of the lease, and no provision is contained in the lease, that the deposit shall be regarded as liquidated damages:

(2)_ And where interest is to he paid on deposit, the forfeiture of the lease does not forfeit the deposit, and the lessee is entitled to recover the balance of deposit remaining, after deducting any unpaid rent, and damages, lessor may he. entitled to.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 9 cases

View all citing references →
1931: 11933: 11957: 11970: 11979: 11985: 11993: 12002: 12017: 119312026peak 1931 · 1

Relies on it most ⓘ

  1. Malavazos v. Irving Trust Co.66 F.2d 482 (2d Cir. 1933)
  2. Walter H. Sullivan, Inc. v. Johnson3 P.2d 72 (Cal. Ct. App. 1931)
  3. In re Collier163 B.R. 118 (Bankr. S.D. Ohio 1993)
  4. Montgomery v. Sollberger94 N.E.3d 24 (Oh. Ct. App. 11th Dist. Trumbull 2017)
  5. Vardeman v. Llewellyn476 N.E.2d 1038 (Ohio 1985) · Dissent
  6. Frank Nero Auto Lease, Inc. v. Townsend411 N.E.2d 507 (Ohio Ct. App. 1979)

Most recent

  1. Montgomery v. Sollberger94 N.E.3d 24 (Oh. Ct. App. 11th Dist. Trumbull 2017)
  2. Kainrad v. Kainrad, Unpublished Decision (5-24-2002)No. 01 PA 00021. (Ohio Ct. App. May 24, 2002)
  3. In re Collier163 B.R. 118 (Bankr. S.D. Ohio 1993)
  4. Vardeman v. Llewellyn476 N.E.2d 1038 (Ohio 1985) · Dissent
  5. Frank Nero Auto Lease, Inc. v. Townsend411 N.E.2d 507 (Ohio Ct. App. 1979)
  6. Tuteur v. P. & F. Enterprises, Inc.255 N.E.2d 284 (Ohio Ct. App. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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