Gilman v. Physna, L.L.C.

Citations

• 2021 Ohio 3575

Syllabus

CONTRACT — CONDITION PRECEDENT — BREACH OF CONTRACT — UNJUST ENRICHMENT — GOOD FAITH AND FAIR DEALING — PLEADINGS — MOTIONS — JUDGMENT ON THE PLEADINGS — CIV.R. 12(C) — WRITTEN INSTRUMENT — CIV.R. 10(C): Defendant employer in a contract dispute was not entitled to judgment on the pleadings because the financial statement attached to its answer was not a \written instrument\ and was an improper basis upon which to grant judgment on the pleadings. The complaint sufficiently alleged breach-of-contract and breach-of-good-faith-and-fair-dealing claims and therefore, the trial court erred in granting defendant a judgment on the pleadings as to these claims, but defendant was entitled to judgment on plaintiff employee's pleadings unjust-enrichment claim where an express contract existed between the parties.