Premier Const. Co., Inc. v. Maple Glen Apts. & Townhomes, Ltd.

Citations

• 159 N.E.3d 1201
• 2020 Ohio 4779

Syllabus

Plaintiff, building material supplier, appeals decision denying claim for breach of contract and to foreclose mechanic's lien. Defendant signed plaintiff's estimate for materials to build defendant's apartment. Plaintiff delivered materials. Defendant failed to pay for materials. Court dismissed plaintiff's contract claim on basis that signed estimate violated the UCC's statute of frauds and was unenforceable as a contract because the parties left the estimate's \quantity\ column blank. Court erred because, despite blank column, quantity term could be discerned. Court dismissed mechanic's lien claim because plaintiff removed materials from job site after the defendant requested removal and failed to pay. Court found that mechanic's lien law required the materials to be used in the course of the improvement. Court erred because mechanic's lien law only required that the materials be furnished with the intent that they be used in the course of improvement.