Kebe v. Nutro MacHinery Corp.
Ohio Court of Appeals
1Opinion of the CourtMarkus, P.J.
The plaintiff seller brought this damage action against the defendant buyer for the buyer’s alleged breach of contract to purchase the seller’s land. The buyer asserted that contractual conditions excused its performance, and it counterclaimed for its earnest money deposit which the seller had not returned.
The trial court granted the buyer summary judgment on both the seller’s claim and the buyer’s counterclaim, and the seller appeals. We hold that a genuine issue of material fact precludes summary judgment: whether the buyer made a good faith effort to satisfy those conditions.
I
On October 6,…
Also in this document: Concurrence.
2Cases cited6 opinions
- Alexander v. Buckeye Pipe Line Co.Ohio Supreme Court · 1978
- Alexander v. Buckeye Pipe Line Co.Ohio Supreme Court · 1977
- State Ex Rel. Gordon v. TaylorOhio Supreme Court · 1948
- Indianapolis v. Domhoff & Joyce Co.Ohio Court of Appeals · 1941
- Reese v. WalkerCincinnati Municipal Court · 1958
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Desantis v. SollerOhio Court of Appeals · 1990
- McCabe/Marra Co. v. City of DoverOhio Court of Appeals · 1995
- Farmers Market Drive-In Shopping Ctrs. v. Magana, 06ap-532 (5-31-2007)Ohio Court of Appeals · 2007
- Stock v. GranthamNew Mexico Court of Appeals · 1998
- Butler County Board of Commissioners v. City of HamiltonOhio Court of Appeals · 2001
9 more not listed; retrieve them via the Exa API.