Breach of Contract Cases

Credit union reserved the right to change the terms of its membership agreement, which it did by adding a provision to arbitrate disputes. By maintaining his account after this term was implemented, appellant-credit union member manifested his assent to the arbitration provision. The arbitration provision in the membership agreement was not unconscionable. Judgment affirmed.

COMMUNITY SCHOOL – JURSIDICTION – STANDING – FAITHLESS SERVANT DOCTRINE – OHIO CORRUPT PRACTICES ACT – STRICT LIABILITY – VOID PUBLIC CONTRACTS: The trial court did not err in concluding that contracts with a community school's superintendent's family violated R.C. 2921.42's prohibition against public officials having a personal interest in a public contract where defendants superintendent and family failed to prove that any exception applied.The trial court did not err in concluding that the attorney general had statutory standing, under R.C. 2117.42, to sue defendants community school superintendent and her family to recover public funds. The trial court did not err in concluding that, under the faithless servant doctrine, the superintendent and her husband should forfeit their employment wages. The trial court erred in concluding that the superintendent and her husband were liable for treble damages under the Ohio Corrupt Practices Act where the illegal contracts did not constitute a pattern within the meaning of the statute. The trial court did not err in concluding that the superintendent is strictly liable for the illegal contracts with her husband and daughter where she received public funds under color of office and was responsible for the school's expenditures. The trial court did not err in concluding that the superintendent's daughter should return all income received under her illegal contracts where, on appeal, defendants provided no argument to the contrary.

Arbitration agreement motion for order compelling arbitration. The trial court erred where it denied appellants' joint motion to compel arbitration. Appellee's claims, under the terms of the operating agreement, fall within the scope of the arbitration clause.

Trial court erred by limiting cross-appellant's award of damages for appellant's breach of the non-compete provision in the independent contractor agreement to the additional salary cross-appellant would have earned from his limited liability company if appellant had not beached the agreement. Because cross-appellant was the contracting party, not his company, cross-appellant was the only party with standing to prosecute a claim against appellant, and he was entitled to recover all damages flowing naturally from the breach. Accordingly, the trial court erred when it failed to award damages to cross-appellant representing the full amount of profit lost. Sufficient evidence was presented by cross-appellant to support an award of damages representing that estimated gross profit lost over the two-year duration of the non-compete provision because cross-appellant's business was well-established, the financial records presented by cross-appellant permitted a reasonably reliable estimate of lost profit, and an award equal to two-years of estimated lost profit was necessary to place cross-appellant in the same position he would have occupied had appellant not breached the agreement. Judgment reversed in part and affirmed in part.

Motion for reconsideration granted and decision in Key Realty, Ltd. v. Hall, 6th Dist. Lucas No. L-19-1237, 2021-Ohio-26 vacated where majority decision made obvious errors of fact and law. Consideration was exchanged for noncompete agreement where at-will independent contractor continued to perform services for employer after execution of agreement. Genuine issues of material fact precluded summary judgment for independent contractor on employer's breach-of-contract, business tort, and criminal claims.

Defendant appeals the trial court's decision to grant summary judgment to the plaintiff in this breach of contract case. Because Appellant failed to comply with Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee, we dismiss this appeal and remand to the trial court for a determination of the plaintiff's damages incurred in defending a frivolous appeal.

Motion for reconsideration granted and decision in Key Realty, Ltd. v. Hall, 6th Dist. Lucas No. L-19-1237, 2021-Ohio-26 vacated where majority decision made obvious errors of fact and law. Consideration was exchanged for noncompete agreement where at-will independent contractor continued to perform services for employer after execution of agreement. Genuine issues of material fact precluded summary judgment for independent contractor on employer's breach-of-contract, business tort, and criminal claims.