Mosher v. Cook United, Inc.

405 N.E.2d 720 (1980)

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Mosher v. Cook United, Inc.

Ohio Supreme Court
405 N.E.2d 720 (1980)

SC

Facts

Hudson Food Warehouse Corporation (defendant) published an advertisement in which it claimed it had lower prices than its competitors and urged shoppers to “check and compare.” In response to this advertisement, Arthur Mosher (plaintiff) went shopping at a Hudson grocery store. Mosher began writing down prices in order to be able to compare Hudson’s prices with those of its competitors. Hudson employees informed Mosher that it was against store policy to write down prices. When Mosher refused to stop writing down prices, the employees asked him to leave. Mosher refused this option as well and was placed under arrest for trespassing. The criminal charges were eventually dismissed, but Mosher sued Hudson, arguing that he had an irrevocable license to be in the store and thus was not a trespasser. The trial court dismissed Mosher’s complaint. The court of appeals affirmed. Mosher appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Hofstetter, J.)

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