Fields Excavating, Inc. v. McWane, Inc.

2009 WL 3721013 (2009)

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Fields Excavating, Inc. v. McWane, Inc.

Ohio Court of Appeals
2009 WL 3721013 (2009)

Facts

Fields Excavating, Inc. (Fields) (plaintiff) contracted to buy piping from Clow Water Supply (Clow). The contract prohibited oral modification and stipulated that if Fields breached the contract and Clow waived enforcement, Clow’s one-time waiver could not be construed as waiving enforcement against future breaches. Over the ensuing years, Fields occasionally billed Clow for repairing defects in Clow’s piping. Clow routinely paid those bills until a final occasion when Clow refused payment. Fields sued Clow’s corporate parent, McWane, Inc. (defendant), for Clow’s breach of an alleged course-of-performance modification to the written contract. The trial court enforced the contract’s no-oral-modification and antiwaiver clauses and entered summary judgment for McWane. Fields appealed to the Ohio Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Ringland, J.)

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