Fifth Third Bank v. Cooker Restaurant Corp.

Raising five assignments of error, plaintiff-appellant Fifth Third Bank appeals from the trial court’s judgment for defendant-appellee Cooker Restaurant Corporation on Fifth Third’s claim for liquidated damages and on Cooker’s counterclaim for conversion, both based on the termination of a Bank Card Merchant Agreement drafted by Fifth Third and entered into by the parties in 1994. Because competent, credible evidénce supports the trial court’s decision that Cooker relied upon representations from Fifth Third concerning the means to terminate the agreement, and that there was no default upon…