Lawyers Cooperative Publishing Co. v. Muething

Due to the nature of the arguments presented, LCP’s second proposition of law will be discussed first. LCP’s argument is, in essence, that Muething’s claims do not sound in tort and should be treated as warranty claims that accrued on delivery of the books and are governed by the four-year statute of limitations set forth in the Ohio Uniform Commercial Code, R.C. 1302.98 (UCC 2-725). Muething urges this court to refuse to consider LCP’s contention that Chemtrol Adhesives, Inc. v. Am. Mfrs. Mut. Ins. Co. (1989), 42 Ohio St.3d 40, 537 N.E.2d 624, stands for the proposition that commercial…