Dart v. Katz

Citations

• 2021 Ohio 1429

Syllabus

The trial court erred in dismissing most of the claims against appellees for failure to state a claim. In this action, which concerned transfer of a property and subsequent encumbrance of the property, appellants stated a claim against the purchaser and other appellees on various claims, including breach of contract, breach of fiduciary duty, breach of trust, promissory estoppel, unjust enrichment, for imposition of a constructive trust, and tortious interference. One claim, against a party for breach of trust, failed to state a claim because R.C. Chap. 5801 only applies to express trusts. Judgment affirmed in part, reversed in part, and remanded.