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Consumer Law Keyed to Pridgen, 5th Ed.
Schroyer v. Frankel
Citation:
197 F.3d 1170 (1999)Facts
Gail Schroyer owned a home in Elyria, Ohio, where she lived with her son Michael. In June 1996, she discovered a water line leak and contacted Alexander’s Sewer & Plumbing Company (ASAP) for repairs. Michael signed the contract on Gail’s behalf while she was away. After ASAP completed the work, Gail paid $1,004.60 by check but later discovered damage to her floor and sidewalk. A city inspector found the work was done improperly and ordered ASAP to reinstall the water line deeper. Gail stopped payment on her check. ASAP completed the corrective work and left a second invoice for $1,954.60. When Gail refused to pay, ASAP’s owner filed a small claims petition. Gail retained counsel, and ASAP then retained Defendant Frankel of Smith & Smith law firm. Defendants filed suit against both Michael and Gail in Elyria Municipal Court seeking payment for breach of contract or unjust enrichment. The municipal court ruled in favor of ASAP against Gail for $1,054.00 but ruled in favor of Michael. The Schroyers then filed federal suits alleging FDCPA and OCSPA violations against the attorneys.
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