Schmaltz v. DK Hardware Supply

Citations

• 2023 Ohio 4084

Syllabus

The trial court did not err in sua sponte dismissing appellant's small claim complaint for breach of contract pursuant to Civ.R. 12(B)(6) as it was obvious appellant could not prevail on the facts alleged in his complaint. Appellant admitted that he had requested a refund from appellee for a backordered item and that appellee had refunded the purchase by means of the original form of payment.