Auto Owners Mutual Ins. Co. v. Kendrick, 08-Coa-028 (5-4-2009)

OPINION

{¶ 1} Defendant-Appellant, Josiah L. Mason, Trustee of the Bankrupt Estates of John and Sonia Baxter, appeals the July 31, 2008 judgment entry of the Ashland County Court of Common Pleas granting summary judgment in favor of Plaintiff-Appellee, Auto Owners Mutual Insurance Company. The following facts give rise to this appeal.

{¶ 2} On February 8, 2002, John and Sonia Baxter entered into a contract with Laurence Kendrick, dba August Larose Timber Frames, for the purchase of certain real estate in Ashland County, Ohio, and the construction of a single-family dwelling on the lot. Kendrick…