Lowry v. Buroker

Citations

• 2017 Ohio 9312

Syllabus

Trial court did not err in granting summary judgment to buyers of property and ordering specific performance of the parties' land contract. The unambiguous language of the land contract permitted buyers to prepay the principal and interest, and they were entitled to title upon presenting payment in full. Affidavit of buyer was sufficient to meet buyers' initial burden of establishing their entitlement to specific performance of the land contract seller failed to respond in the trial court with evidentiary materials, and he could not raise new issues on appeal. Judgment affirmed.