Beifuss v. Westerville Board of Education

The primary issue presented in this action is whether a public school board of education can be held liable for prejudgment interest on damages assessed in a contract action. We hold in the negative and, accordingly, affirm the decision of the court of appeals.

It is well-established that “[i]n the absence of a statute requiring it, or a *189promise to pay it, interest cannot be adjudged against the state for delay in the payment of money.” State, ex rel. Parrott, v. Bd. of Public Works (1881), 36 Ohio St. 409, paragraph four of the syllabus; State, ex rel. Nixon, v. Merrell (1933), 126 Ohio St.…