Legal Opinion

Local Marketing Corp. v. Prudential Insurance Co. of America

Ohio Court of Appeals

Decided December 23, 2004No. C-040163 and C-040183PublishedCited by 15 opinions

1Opinion of the Court

Mark P. Painter, Judge.

{¶ 1} All involved in this case agree that they put the wrong number in a lease. And they agree that if they had known the correct number, they would have used that one instead. But one party now appeals, claiming that this mistake was not a mutual one. It is no surprise that its appeal fails. We affirm that part of the judgment concerning the contractual liabilities of the parties. But in the cross-appeal, we reverse in part because the trial court should have awarded both parties prejudgment interest.

{¶ 2} The facts of this case are simple and undisputed. In February…

2Cases cited7 opinions

  1. Kalain v. SmithOhio Supreme Court · 1986
  2. Continental Insurance v. WhittingtonOhio Supreme Court · 1994
  3. Royal Electric Construction Corp. v. Ohio State UniversityOhio Supreme Court · 1995
  4. Dartron Corp. v. Uniroyal Chemical Co., Inc.District Court, N.D. Ohio · 1996
  5. Star Bank National Ass'n v. Cirrocumulus Ltd. PartnershipOhio Court of Appeals · 1997

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3Cited by15 opinions

  1. William Eastham v. Chesapeake Appalachia, L.L.C.Court of Appeals for the Sixth Circuit · 2014
  2. Tharo Systems, Inc. v. Cab Produkttechnik GmbH & Co. KgCourt of Appeals for the Sixth Circuit · 2006
  3. Irwin Industrial Tool Co. v. Worthington Cylinders Wisconsin, LLCDistrict Court, W.D. North Carolina · 2010
  4. C4 Polymers, Inc. v. Huntington Natl. BankOhio Court of Appeals · 2015
  5. Chiquita Brands Int'l., Inc. v. Nat'l. Union Fire Ins. Co. of Pittsburgh PaOhio Court of Appeals · 2015

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