Legal Opinion · Dissent

Ohio Valley Mall Co. v. Fashion Gallery, Inc.

Ohio Court of Appeals

Decided August 10, 1998No. 96 C.A. 104Published

1DissentWaite, J.

I agree that appellees owe appellant interest on the money due under the lease from the date of breach to the date of payment. This court awards interest for the entire breach period. I disagree, however, with the amount of interest that this court would then award for the entire breach period. The majority opinion relies on previous decisions by this court for its conclusion that appellant is owed eighteen percent interest on unpaid rents from date of breach. These earlier decisions were premised on R.C. 1701.68 for the argument that, as state law prohibits corporations from claiming usury…

2Cases cited3 opinions

  1. McKay Machine Co. v. RodmanOhio Supreme Court · 1967
  2. Timber Ridge Investments Ltd. v. MarcusOhio Court of Appeals · 1995
  3. Metropolitan Electric, Inc. v. JonesCity of Cleveland Municipal Court · 1986

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