Luebke v. Moser

Handwork, Presiding Judge.

This matter is before the court on appeal from the June 8, 1989 and March 2, 1990 orders of the Port Clinton Municipal Court which granted summary judgment in favor of appellee, Thomas W. Luebke, and dismissed the counterclaim of appellant, Paul Moser. On appeal, appellant asserts the following assignments of error:

“Assignment of Error I

“The trial court erred in holding that the plaintiff-appellee need not repay the defendant-appellant the amount overpaid (two thousand one hundred and no/100 dollars [$2,100.00]) on the note after the defendant-appellant had repaid…