John P. Novatny Electric Co. v. State

Plaintiff appeals from a judgment of the Court of Claims dismissing its complaint, and raises a single assignment of error, as follows:

“The Court of Claims’ dismissal of Novatny’s complaint should have been without prejudice with leave, granted as to the .filing of a subsequent amended complaint on the same cause of action against the Board of Trustees of the University. of: Akron which was the principal,' qohtract- ing party with Novatny, because in Ohio there is an implied duty incumbent upon a contracting party or its agent not to hinder or. delay the performance of another contracting…