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· 5/26/2021

U.S. Bank, N.A. v. Higbee Lancoms, L.P.

Citations

  • 2021 Ohio 1799

Syllabus

CONTRACTS – COMMERCIAL LEASE – REAL PROPERTY/LANDLORD AND TENANT – EQUITABLE ESTOPPEL – HOLDOVER TENANCY: The parties did not create a new oral contract or extend the lease when the parties engaged in lengthy negotiations, but failed to agree to or sign a final written agreement therefore, the terms of the agreement were never definite and there was no meeting of the minds. The record showed that defendant was a year-to-year holdover tenant, and, therefore, defendant was obligated to meet all of the terms of the lease for the remainder of the holdover term. Equitable estoppel does not apply. Where no factual misrepresentations were made in the parties' negotiations to extend defendant's lease, there was no showing of fraud.

Judges: Bock

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