Kesselring Ford, Inc. v. Cann

The instant appeal derives from an order dismissing a complaint in the Court of Common Pleas of Cler-mont County for failure to state a claim upon which relief could be granted, pursuant to Civ. R. 12(B)(6). The complaint was filed on July 3, 1978, by the appellant, Kesselring Ford, Inc., and named the appellee, Dorothea Sara Cann, in her capacity as executrix of the estate of her husband, one Paul Cann, as the sole defendant. It alleged that the estate of Paul Cann had received 31 percent of the distributable assets of a business enterprise known as Cann Ford, Inc., upon that corporation’s…