Cunningham v. Michael J. Auto Sales

Citations

• 2021 Ohio 1390

Syllabus

CONTRACTS – IMPLIED WARRANTY OF FITNESS – FRAUD – EVIDENCE – PROCEDURE/RULES: The trial properly determined that defendant automobile dealer sold a vehicle to plaintiff with prior knowledge of the vehicle's faulty transmission and failed to disclose the defect. The Ohio Rules of Evidence are not applicable to small claims proceedings. The magistrate was in the best position to determine the credibility and authenticity of the evidence and the credibility of the witnesses. The trial court did not abuse its discretion by admitting plaintiff/buyer's exhibits and finding in favor of buyer where the record shows that defendant knew of the vehicle's defect and failed to disclose that defect to plaintiff.