Provolish v. DeCioccio Showroom, Inc.

Citations

• 2025 Ohio 5253

Syllabus

CONTRACTS — UCC — USAGE OF TRADE — MAGISTRATES — APP.R. 34 — CIV.R. 53 Plaintiff-appellant's request to strike defendant-appellee's brief, made in appellant's reply brief, was improper, because the appellate court's magistrate had already issued an order accepting appellee's brief, and that order had to be challenged in a separate motion. In a dispute over whether custom chairs conformed to the parties' agreement, the trial court's finding that measurements provided by the chairs' manufacturer accurately represented the chairs' dimensions was not against the manifest weight of the evidence, where buyer introduced no evidence of alternative measurements or to suggest the manufacturer's measurements were invalid. The trial court's finding that the contract's reference to \seat depth\ referred to the distance from the front edge of the seat to the face of the seatback pillow (rather than the seatback itself) was not against the manifest weight of the evidence, where seller introduced evidence that this definition was a standard usage of trade under R.C. 1302.05(A) and 1301.303(C), and where buyer introduced no evidence to rebut this. Where a contract to purchase custom chairs expressly listed several dimensions and provided that the chairs would be similar to a provided concept photo and based on the manufacturer's interpretation of the concept photo's design, the seller and manufacturer were not required to deliver chairs that conformed to the dimensions of the chair in the concept photo that were not listed in the agreement.