Truetried Service Co. v. Hager

I must respectfully dissent from the majority’s decision to reverse the trial court’s ruling. The majority contends that the trial court erred as a matter of law in finding that commercial impracticality was a bar to the enforcement of the commercial lease. The majority’s conclusion rests on the accepted principle in Ohio that caveat emptor applies to all commercial leased premises and, therefore, there is no implied warranty that premises are suited for a particular purpose in a lease agreement. According to the majority, under these circumstances, the lessee carries the burden of resolving…