Concrete Recovery, L.L.C. v. Nestle Purina Petcare Co.

Citations

• 2026 Ohio 692

Syllabus

The trial court erred in dismissing plaintiff's declaratory judgment, breach of contract, and promissory estoppel claims against defendant. Assuming the allegations of plaintiff's amended complaint and attached exhibits are true (as required when reviewing a motion to dismiss for failure to state a claim), plaintiff's assertion that defendant \accepted\ plaintiff's bid for concrete pouring work and gave plaintiff \formal notice to proceed\ with that work despite no contract being in hand set forth an actionable claim for declaratory judgment, breach of contract, and promissory estoppel.