Ladd v. Planchak

Citations

• 233 N.E.3d 725
• 2024 Ohio 24

Syllabus

A co-venturer was not precluded from maintaining a breach of contract action against another co-venturer prior to an accounting or settlement of the joint venture. The trial court did not err in applying partnership law, which applies to joint ventures and allows actions to be brought without an accounting. The court correctly instructed the jury that a co-venturer must give notice of withdrawal before a joint venture may be terminated, and no notice was given here. The trial court did not abuse its discretion in precluding appellant's accountant from testifying as to issues that had already been decided in a prior action between the parties or as to legal opinions and irrelevant matters. Appellant waived any issue concerning answers to jury interrogatories by failing to raise this before the jury was discharged. Finally, the court did not err in refusing to grant appellant's motion for an order requiring the Internal Revenue Service (\IRS\) to produce appellees' tax returns. Appellees had provided the needed signed forms on two occasions, but the IRS did not respond to requests that the returns be produced. The trial court correctly concluded that it could not order the IRS to comply. Moreover, appellant received copies of the tax returns from appellees' tax preparer, who verified that the returns were copies of the returns filed with the IRS. Judgments affirmed.