Finn v. Seiser

Citations

• 257 N.E.3d 499
• 2024 Ohio 5288

Syllabus

SUMMARY JUDGMENT — MANIFEST WEIGHT — BREACH OF CONTRACT — SUBSTANTIAL PERFORMANCE — IMPLIED DUTY OF GOOD FAITH AND FAIR DEALING: The trial court did not err in denying plaintiffs sellers' motion for summary judgment because plaintiffs' claims as to whether defendants buyers breached the parties' contract for the purchase of a home rested upon genuine disputes of material facts as to the condition of the home and the cause of water damage and rendered resolution at the summary judgment stage inappropriate. The trial court's finding that defendants buyers did not breach the parties' contract was not against the manifest weight of the evidence as plaintiffs sellers failed to prove that they specifically performed under the terms of the contract. The trial court's finding that defendants buyers did not breach the implied duty of good faith and fair dealing was not against the manifest weight of the evidence as plaintiffs sellers failed to prove that defendants' cancellation of the contract on the basis of insurance costs was not permitted under the contract.