Legal Opinion
Smith v. Whitlatch & Co.
Ohio Court of Appeals
Decided May 22, 2000No. 99-P-0027PublishedCited by 5 opinions
1Opinion of the Court
Nader, Judge.
On January 8, 1999, appellees, Gerald Smith and Sally M. Smith, filed a complaint against appellant, Whitlatch & Co., alleging fraud, breach of contract, breach of express and implied warranties, negligence, and violations of Ohio condominium law and the Ohio Consumer Sales Practice Act (“CSPA”). The complaint arose out of a June 3, 1995 purchase contract executed by the parties for the sale of a condominium unit. The crux of the complaint was that the foundation of the condominium was cracking and that appellant attempted to conceal this defect.
The contract contained an…
2Cases cited4 opinions
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- ABM Farms, Inc. v. WoodsOhio Supreme Court · 1998
- Kelm v. KelmOhio Supreme Court · 1993
- Painesville Township Local School District v. National Energy Management InstituteOhio Court of Appeals · 1996
3Cited by5 opinions
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- Monahan v. Schumacher Homes, Unpublished Decision (1-13-2001)Ohio Court of Appeals · 2001