Hutton v. Monograms Plus, Inc.
Ohio Court of Appeals
604 N.E.2d 200 (Ohio Ct. App. 1992)
Monograms Plus, Inc. (MPI) (defendant) sold an MPI franchise to David Hutton (plaintiff). The franchise agreement included an addendum which stated that if Hutton were “unable . . . to obtain financing suitable to him” within 90 days of the execution of the agreement, he would be entitled to a refund of the franchise fee he paid as part of the agreement. The financing was needed in part to purchase or lease a monogramming machine. An MPI liaison secured financing for a monogram machine lease for Hutton. However, Hutton determined that the payments under this lease were too high—particularly when compared to a franchisee circular that MPI had sent him—and he did not sign the lease. Hutton attempted to lease the machine from another company, but the company denied his financing application. As a result, Hutton informed MPI that he was invoking his right to a refund of the franchise fee because he could not find financing suitable to him. MPI denied Hutton’s request. Hutton brought suit and moved for summary judgment. The trial court granted Hutton’s motion based on a subjective standard of the suitableness of the financing available to him. MPI appealed.
Rule of Law
Holding and Reasoning (Wolff, J.)
Concurrence (Fain, J.)
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