Yousef v. Yousef

Citations

• 2019 Ohio 3656

Syllabus

Dismissal of counterclaims harmless error setoff unjust enrichment motion for leave to file answer enforceable agreement consideration App.R. 16(A)(7). Although the trial court erred in dismissing a counterclaim filed on behalf of a corporate entity because of the fact that the principal filed a similar claim in another action, any error was rendered harmless by the trial court's factual findings that resolved the claims filed on behalf of the principal. The trial court did not err by considering the equity of permitting the defendant to retain a portion of the benefit conferred by plaintiff's conduct in rendering a verdict in favor of plaintiff for a reduced amount of damages. The trier of fact's conclusion that the contract failed for want of consideration was not against the weight of the evidence based on the plaintiff's evidence demonstrating a promise was made.