Legal Opinion

Continental West Condominium Unit Owners Ass'n v. Howard E. Ferguson, Inc.

Ohio Supreme Court

Decided February 14, 1996No. 94-1618PublishedCited by 78 opinions

1Opinion of the CourtCook, J.

This court must decide whether a party to a settlement agreement who becomes obligated thereby to perform, can insist that the obligee accept such performance despite the filing of a satisfaction of judgment. We hold that unless the language employed in the agreed judgment incorporating a settlement specifically requires the obligee to accept the obligor’s performance, the obligee need not accept the performance, but need only conclude the litigation.

I

Initially, we address the standard of review to be applied to rulings on a motion to enforce a settlement agreement. The court of appeals…

2Cases cited4 opinions

  1. Spercel v. Sterling Industries, Inc.Ohio Supreme Court · 1972
  2. Mack v. Polson Rubber Co.Ohio Supreme Court · 1984
  3. Bolen v. YoungOhio Court of Appeals · 1982
  4. State ex rel. Wright v. WeyandtOhio Supreme Court · 1977

3Cited by78 opinions

  1. Continental West Condominium Unit Owners Assn. v. Howard E. Ferguson, Inc.Ohio Supreme Court · 1996
  2. State ex rel. Petro v. R.J. Reynolds Tobacco Co.Ohio Supreme Court · 2004
  3. Chirchiglia v. Ohio Bureau of Workers' CompensationOhio Court of Appeals · 2000
  4. Lewis v. MathesOhio Court of Appeals · 2005
  5. Motorists Mutual Insurance v. Columbus Finance, Inc.Ohio Court of Appeals · 2006

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