Ohio Court of Appeals
2007 WL 4415307 (Ohio Ct. App. Dec. 19, 2007)
Jack Morrison (plaintiff) was looking into buying a house that Jonas Bare (defendant) owned. When inspecting the house, Morrison noticed a sticker on the furnace that stated that the furnace had a cracked heat exchanger. Bare stated that the furnace had been repaired recently, although he did not specifically mention the heat exchanger. Morrison made an offer on the house, but in his offer he included a “Special Condition” that Bare give Morrison a copy of the furnace repair bill within 14 days of the offer. Bare gave Morrison the repair bill, but it contained nothing about the heat exchanger. Indeed, the heat exchanger had not been replaced. Morrison then stated that he would close on the house only if Bare replaced the furnace or reduced the purchase price. Bare refused and Morrison brought suit for breach of contract. Bare filed a motion for summary judgment, which the trial court granted. Morrison appealed.
Rule of Law
Holding and Reasoning (Dickinson, J.)
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