Miami Valley Constr. Group v. Thompson

Citations

• 2021 Ohio 4358

Syllabus

Appellant appeals from a judgment of the municipal court finding in favor of and awarding damages to appellee. Where normal recording procedures for trial fail, App.R. 9(C) and Civ.R. 53(D)(3)(b)(iii) act as safeguards against the inability to produce a transcript. The detailed affidavits of both parties were sufficient to recreate the record and the trial court was therefore able to conduct the necessary independent review of the magistrate's findings pursuant to Civ.R. 53(D)(4)(d). Where the contract for services contained the parties and subject matter but no specified price, the law invokes the standard of reasonableness, and the fair value of the services is recoverable. Appellant was not a weak party he referred to his experience as a businessman in rehabilitating property and his experience investing in real estate and owning rental properties. The trial court did not abuse its discretion in awarding money damages based on the invoice and testimony provided by appellee. Appellant's argument that the amount claimed exceeded the trial court's jurisdictional limit is unpersuasive.