Regina Apartments, Inc. v. Village Green, Inc.
| Decision Date | 15 August 1978 |
| Citation | 14 O.O.3d 301,397 N.E.2d 420,60 Ohio App.2d 345 |
| Parties | , 14 O.O.3d 301 REGINA APARTMENTS, INC. et al., Appellants, v. VILLAGE GREEN, INC., Appellee. |
| Court | Ohio Court of Appeals |
Syllabus by the Court
Where writing on a check is unclear as to whether the amount payable constitutes a loan to the payee, and supplemental evidence would be required to complete the terms of whatever understanding the parties may have had, it is not a written contract within the meaning of R.C. 2305.06, so as to be governed by a 15 year period of limitation.
Smith, Clark & Holzapfel, Columbus, for appellants.
Vorys, Sater, Seymour & Pease and James M. Ball, Columbus, for appellee.
This is an appeal by plaintiffs from an order of the Common Pleas Court sustaining defendant's motion for summary judgment.
The record indicates that on January 7, 1963, plaintiff Regina Apartments, Inc., issued a check number 2181, to defendant, Village Green, Inc., in the amount of $35,000, which was deposited in the account of Village Green, Inc., and had the word "loan" written in the upper left hand corner; that an inter-company credit was made by Regina Apartments, Inc., to Village Green, Inc., reducing the indebtedness to $32,725, that on April 30, 1970 a check, number 4658, in the amount of $500 was issued by plaintiff Brookshire Park, Inc., to Village Green, Inc.; that on July 1, 1970, another check, number 4682, was issued by Brookshire Park, Inc., to Village Green, Inc., in the amount of $400; that both of these checks were deposited in the account of Village Green, Inc., and both had the word "loan" written in the upper left hand corner; that on January 7, 1963, a check, number 1905, was issued by plaintiff Rosemary Apartments, Inc., to Village Green, Inc., in the amount of $10,000, which was deposited in the account of Village Green, Inc., and had the word "loan" written in the upper left hand corner; that an inter-company credit was made by Rosemary Apartments, Inc., to Village Green, Inc., reducing the amount due to $9,000.
On August 11, 1976, plaintiffs filed a complaint against defendant requesting payment from defendant of money due plaintiffs. On January 18, 1977, a judgment entry in favor of plaintiffs and against defendant was entered for the failure of defendant to answer plaintiffs' complaint. On March 1, 1977, defendant filed a motion for relief from judgment, requesting that the court set aside the default judgment and permit defendant to plead or otherwise defend against the complaint. An affidavit of Raymond S. Tonti, the Secretary of defendant corporation, stated that Alfred E. Tonti was the President of the defendant corporation and had also been President of the three plaintiff corporations, and that it was the custom of Alfred E. Tonti to engage in intercompany loans and evidenced such loans by written memoranda on the various checks and endorsements. On September 13, 1977, the trial court set aside the default judgment and permitted defendant to plead or defend against the complaint. On September 21, 1977, defendant filed an answer to plaintiffs' complaint. On November 30, 1977, defendant filed a motion for summary judgment which was granted by the trial court on February 3, 1978.
Plaintiffs' single assignment of error states:
"Where cancelled checks drawn on the accounts of Plaintiffs made payable...
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O'Nesti v. Debartolo Realty Corp., 04 MA 170.
...indebtedness or promises to pay in such a way as to make supplemental evidence unnecessary. Regina Apts., Inc. v. Village Green, Inc. (1978), 60 Ohio App.2d 345, 347, 14 O.O.3d 301, 397 N.E.2d 420 (finding that a check containing the word "loan" is not a writing as it could mean payment on ......
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Matherly v. Hanson, 83-1562
...than a written contract. This approach is consistent with that taken in other jurisdictions. In Regina Apartments, Inc. v. Village Green, Inc., 60 Ohio App.2d 345, 397 N.E.2d 420 (1978), plaintiff sued defendant for allegedly failing to repay loans made to him and offered as evidence a seri......
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Newton v. LOCAL 801 (FRIGIDAIRE LOCAL, ETC.), C-3-79-192.
...or is more closely analagous to the cryptic marking held not to constitute a written contract in Regina Apartments, Inc. v. Village Green, Inc., 60 Ohio App.2d 345, 397 N.E.2d 420 (Franklin Cty.1978). Thus, it would appear that even if Plaintiff's cause were maintainable on contract, it wou......
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Mantia v. House, 22265.
...464 N.E.2d 586, quoting Restatement of the Law 2d, Contracts (1981) 92, Section 33. {¶ 10} In Regina Apts., Inc. v. Village Green, Inc. (1978), 60 Ohio App.2d 345, 14 O.O.3d 301, 397 N.E.2d 420, cited by Julie, the Tenth District Court of Appeals held in a similar fact pattern that where a ......