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Carlisle v. T & R Excavating, Inc.

704 N.E.2d 39 (1997)

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Carlisle v. T & R Excavating, Inc.

Ohio Court of Appeals

704 N.E.2d 39 (1997)

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Facts

Janis Carlisle (plaintiff) was the owner and director of Wishing Well, Inc. Thomas Carlisle was the owner and operator of T & R Excavating, Inc. (T & R) (defendant). Mrs. Carlisle married Mr. Carlisle in 1988 and began working for T & R as a bookkeeper. Mr. Carlisle offered to pay Mrs. Carlisle for her work, but Ms. Carlisle refused. Mr. Carlisle stated that he would do work for Mrs. Carlisle on her building. In September 1992, Mrs. Carlisle had begun plans to build a preschool and kindergarten facility. T & R submitted a proposal to Mrs. Carlisle stating that T & R would perform all excavation and site work at no charge and that Mrs. Carlisle would only pay the cost of materials. Mrs. Carlisle accepted the proposal. Mr. and Mrs. Carlisle separated in late 1992, and T & R did not complete the work at the site. Mrs. Carlisle paid another contractor to complete the work and opened the facility one week later than planned. Mrs. Carlisle sued T & R for breach of contract. The trial court granted judgment to Mrs. Carlisle and awarded $35,790.75 in damages. T & R appealed to the Ohio Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Dickinson, J.)

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