Breach of Contract Cases

Preliminary injunction permanent injunction breach of contract, franchise agreement misappropriation of trade secrets unfair competition Civ.R. 65(B).

Breach of contract Ohio Consumer Sales Practices Act R.C. 1435.01 et seq. Civ.R. 52 Civ.R. 53(D)(3)(ii) magistrate's decision findings of fact conclusions of law substantially comply manifest weight oral contract enforceable contract meeting of the minds definite and certain. Affirmed the trial court's judgment in favor of appellees on claims of breach of contract and violation of the Ohio Consumer Sales Practices Act. The magistrate's decision substantially complied with Civ.R. 53(D)(3)(a)(ii), and additional findings of fact and conclusions of law were not necessary because the trial court's decision, when considered with the rest of the record, formed an adequate basis for review. The trial court's judgment was not against the manifest weight of the evidence and the trial court did not commit error in its determinations. The additional tree work appellant requested was not included in the scope of the parties' oral contract, and there was never a meeting of the minds or a definite and certain contract for the additional tree work. The record did not show that any violation of the CSPA occurred.

Appeal of a judgment entry denying a motion to stay pending arbitration and granting a motion for a hearing under R.C. 2711.03 for the purpose of determining whether an arbitration agreement exists and, if so, whether it is enforceable, is dismissed for lack of a final appealable order as the judgment entry leaves issues unresolved and contemplates further action.

UNJUST ENRICHMENT – EMPLOYMENT CONTRACTS: Plaintiff could not substantiate an unjust enrichment claim against defendant because the funds at issue were subject to an express contract and defendant was not a party to that contract. Plaintiff-employer could not show that defendant-employees breached a duty of good faith and loyalty because defendants' errors were inadvertent.