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Contracts Keyed to Calamari
Morrison, Jr. v. Bare
Citation:
Court of Appeals Ohio, Ninth District, 2007. (Not reported in N.E.2d) 2007 WL 4415307.Facts
Plaintiff and defendant contracted with each other to respectively buy and sell a house. Prior to the sale, the plaintiff noticed that the heat exchanger in the house had a sticker noting that is was broken, however, the seller represented that it has been subsequently repaired. As part of the contract, the plaintiff included a condition that the defendant must furnish him a copy of the receipt for repair, which was tendered but did not indicate that the full repair had been competed. The plaintiff demanded that the purchase price be reduced by the cost of the repair, or the defendant repair the heat exchanger prior to the sale. The defendant refused both counts, and sold the house to a third party. The plaintiff brought suit.
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