Heritage Oldsmobile Cadillac v. Fifth Third Bank

This cause came on to be heard upon the appeal,the transcript of the docket, journal entries and original papers from the Hamilton County Court of Common Pleas, the briefs and the arguments of counsel.

Defendant-appellant Fifth Third Bank ("bank") presents on appeal a single assignment of error in which it challenges the entry of summary judgment for plaintiff-appellee Heritage Oldsmobile Cadillac ("Heritage") on Heritage's complaint to recover the purchase price of an automobile obtained from Heritage and leased by the bank to a third party.

The automobile over which the instant dispute arose…