Doner v. Snapp

98 Ohio App. 3d 597 (1994)

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Doner v. Snapp

Ohio Court of Appeals
98 Ohio App. 3d 597 (1994)

  • Written by Noah Lewis, JD

Facts

Elaine and John Doner (Doner) (plaintiffs) purchased three ostrich chicks from breeders Jan and Chester Snapp (Snapp) (defendants) for $9,000. The Doners envisioned breeding the ostriches, but infertility was a risk. Doner believed after three years a hen would be worth $20,000 and a male $7,000. Ostrich products include birds, meat, feathers, leather, and eggs. The Doner’s purchase was for two females and one male. Snapp allegedly told Doner to confirm the chicks’ sex within 90 days; he did not. Later, as the chicks matured, two turned out to be male, but the chicks’ value was all still similar. An exchange was discussed with Snapp but no agreement reached. The Doners then traded one male chick to a Michigan breeder for another male of equal value and traded the other male chick to an Indiana supplier for two female chicks. The Doners also purchased a hen from the Michigan breeder that had produced offspring, but Snapps’ hen had not. The Doners filed a breach-of-contract action seeking $15,000 in compensatory damages for the difference between a male and a female chick plus lost profits from reduced egg production. Arguing the Doners suffered no damage, the Snapps filed for summary judgment, which the court granted. The Doners appealed.

Rule of Law

Issue

Holding and Reasoning (Brogan, J.)

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