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Roesch v. Bray

545 N.E.2d 1301 (1988)

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Roesch v. Bray

Ohio Court of Appeals

545 N.E.2d 1301 (1988)

Facts

The Roesch's (defendants) entered into a real estate contract and agreed to sell their home to the Brays’ (plaintiffs). The sales price agreed upon was $65,000, $45,000 of which would be paid at closing, with the other $20,000 due when the Brays sold their own home. The Brays defaulted on the contract five days later. The Roesch's, one year later, were eventually able to sell the home to other purchasers for $63,500. The net proceeds of the sale were about $52,000. At the time of breach, the housing market was not strong due to high interest rates. The Roesch's filed suit and moved for partial summary judgment on the issue of breach of contract. The trial court granted the partial summary judgment motion. The trial court awarded about $9,000 in damages for utilities, insurance, taxes, maintenance, advertising, and interest on the $45,000. Both parties appealed to the Ohio Court of Appeals. The Roesch's claim that the trial court erred by not awarding the difference between the contract price and the resell price. The Brays' claim that the maximum amount the Roeschs' should receive is the difference between the contract price and the resale price.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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