Duncan v. Fifth Third Bank

Citations

• 2019 Ohio 3198

Syllabus

The trial court did not err by entering summary judgment for appellee-bank on appellant's claims for breach of a contract to purchase real property, breach of the duty of good faith and fair dealing, and misrepresentation. Any alleged agreement between the parties was unenforceable as a contract because it did not comply with the statute of frauds, R.C. 1335.05, as there was no written agreement signed by appellee. Promissory estoppel did not remove the alleged agreement from the statute of frauds. Appellant's claims of breach of \good faith and fair dealing\ or of \misrepresentation\ based on the same set of circumstances could not be brought independently of the breach of contract claim. In addition, appellant did not alleged or show reliance damages resulting from a detrimental change in position. Judgment affirmed.