United Assn. Local 168, Apprentice Educational Fund v. Robinson

Citations

• 2025 Ohio 2421

Syllabus

CIVIL-CIV.R. (8)-NOTICE PLEADING-AFFIRMATIVE DEFENSES-BREACH OF CONTRACT-LIQUIDATED DAMAGES-PENALTY-SUMMARY JUDGMENT - The defenses of prior material breach, unenforceable penalty, and unenforceable non-competition agreement are all defenses in the nature of confession and avoidance that are waived if not raised affirmatively under Civ.R. 8; because appellant substantially performed under the contract, the trial court erred in granting summary judgment in favor of appellee on its claim of prior material breach; the trial court further erred in characterizing the work-or-pay repayment provision of the contract as an unenforceable non-competition agreement; although the trial court correctly determined that the purported liquidated damages provision was an unenforceable penalty, it erred in granting summary judgment to appellee, and in granting appellant no damages at all.