Thomas v. Hart Realty, Inc.

Plaintiff’s single assignment of error is that the court erred when it dismissed his complaint for failure to state a claim upon which relief can be furnished, under Civ. R. 12(B)(6). In ruling on this claim, we take the material allegations of the complaint as admittedly true. State, ex rel. Alford, v. Willoughby (1979), 58 Ohio St. 2d 221 [12 O.O.3d 203], on remand (1981), 67 Ohio St. 2d 260 [21 O.O.3d 163]. For us to affirm that dismissal, “it must appear beyond doubt from the complaint that the plaintiff can prove no set of facts entitling him to recovery.” O’Brien v. University Community…