BND Rentals, Inc. v. Gayhart

Citations

• 2026 Ohio 1998

Syllabus

The trial court did not err in granting summary judgment to appellee on its claim for breach of an equipment rental agreement. Appellee's claim was not an action on account, as asserted by appellant. Appellant's claimed defenses did not create any genuine dispute of material fact. The trial court also did not err in granting attorney's fees to appellee upon its post-judgment motion. Appellee properly sought attorney's fees in its complaint and requested that the fees be determined after summary judgment on its contract claim. The rental contract did not constitute a \contract of indebtedness\ as intended by R.C. 1319.02—which would have barred the recovery of attorney's fees—and appellee was entitled to an award of attorney's fees as set forth in the rental agreement. Judgment affirmed.