Xerion Advanced Battery Corp. v. Certa Vandalia, L.L.C.

Citations

• 2026 Ohio 1307

Syllabus

The trial court did not err when it determined that the purchase and sale agreement between the parties was ambiguous and allowed for the consideration of extrinsic evidence. Based on the parties' prior course of conduct with respect to late rent payments and enforcement of the cure payment provision for such late payments, appellant should have provided notice to appellees that they were required to make the cure payment within thirty days of that notice. Because appellant did not provide such notice, the trial court properly granted summary judgment to appellees on their declaratory judgment claim that they had not breached the parties' agreement. Judgment affirmed. (Tucker, J., dissenting.)