Tilton v. Geronimo

Citations

• 2024 Ohio 5211

Syllabus

Summary judgment; Civ.R. 56(C); breach of contract; unjust enrichment; trespass; fraudulent misrepresentation; consideration. Judgment affirmed. Summary judgment was proper when there was no genuine issue of material fact as to the parties' agreement. Appellants agreed to the removal of 16 arborvitae trees so appellees could replace their driveway. Appellees' agreement to forgo expanding their driveway and removing all of the trees lining their property, in exchange for appellants' permission to remove the 16 arborvitaes, was valid consideration. Appellees were not fraudulently induced into this agreement. The agreement, which was expressed in the parties' emails, did not include reimbursement. Because there was a valid contract, the trespass and unjust enrichment claims fail as a matter of law.