Silberhorn v. Flemco, L.L.C.

Citations

• 2020 Ohio 913

Syllabus

Summary judgment declaratory judgment quiet title slander of title breach of contract. Silberhorn entered a contract with A Christmas Story House Foundation, Inc. and Flemco, L.L.C. under which Flemco would perform construction work on Silberhorn's property, to be paid for by the Foundation. A dispute arose between Flemco and Silberhorn regarding the construction, and Flemco recorded a mechanic's lien against the property. Flemco did not properly serve Silberhorn with the mechanic's lien, rendering it invalid and a cloud upon Silberhorn's title. Silberhorn was entitled to damages for slander of title. Silberhorn was not liable for breach of contract because only the Foundation agreed to pay Flemco for work performed, not Silberhorn.