O'Brien v. Ravenswood Apartments, Ltd.

Hildebrandt, Presiding Judge.

{¶ 1} In this appeal, we must decide whether the trial court erred in enforcing an agreement that unconditionally guaranteed the obligations of a vendee under a land installment contract. We hold that the trial court properly enforced the guaranty and awarded damages for past breaches. But the trial court erred in declaring the guarantor liable for future breaches, because the vendor sued upon an installment contract and chose not to accelerate the contract.

The Facts

{¶ 2} Plaintiff-appellee James F. O’Brien, acting as a trustee, is the vendor of real property…