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Contracts Keyed to Frier
Carlisle v. T & R Excavating, Inc.
Citation:
704 N.E.2d 39 (Ohio Ct. App. 1997)Facts
Plaintiff was the owner and director of Wishing Well, Inc. Thomas Carlisle was the owner and operator of Defendant. Plaintiff married Mr. Carlisle in 1988 and began working for Defendant as a bookkeeper. Mr. Carlisle offered to pay Plaintiff for her work, but she refused. Mr. Carlisle stated that he would do work for Plaintiff on her building. In September 1992, Plaintiff had begun plans to build a preschool and kindergarten facility. Defendant submitted a proposal to Plaintiff, stating that Defendant would perform all excavation and site work at no charge and that Plaintiff would only pay the cost of materials. Plaintiff accepted the proposal. Mr. Carlisle and Plaintiff separated in late 1992, and Defendant did not complete the work at the site. Plaintiff paid another contractor to complete the work and opened the facility one week later than planned. Plaintiff sued Defendant for breach of contract. The trial court granted judgment to Plaintiff and awarded $35,790.75 in damages. Defendant appealed to the Ohio Court of Appeals.
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