Enduring Wellness, L.L.C. v. Roizen

Citations

• 2020 Ohio 3180

Syllabus

Civ.R. 12(B)(6) tortious interference with contract fraud deceptive trade practices R.C. 4165.02 R.C. 4165.02(A)(7) breach of contract agency by estoppel apparent authority. Trial court did not abuse its discretion in dismissing all five counts of plaintiff's complaint under Civ.R. 12(B)(6). The terms of the contract precluded recovery for the alleged breach of contract. Plaintiff's tortious interference claim could not be sustained absent a breach of contract. The fraud claim failed where plaintiff could not have justifiably relied on the alleged misrepresentations in light of the terms of the contract. Plaintiff failed to allege a violation of Ohio's Deceptive Trade Practices Act. Plaintiff failed to allege sufficient facts to sustain claims under an apparent authority theory.