D.H. Overmyer Co. v. Frick Co.

After falling behind on payments under an equipment-installation contract, Overmyer (plaintiff) and Frick (defendant) negotiated a new note, with the advice of competent counsel on both sides and adequate consideration, in which Overmyer consented in advance to Frick obtaining judgment on the note without any prior notice or opportunity to contest it; when Overmyer later defaulted and Frick obtained judgment without notice or hearing, Overmyer moved to vacate on due-process grounds, and Ohio's courts denied the motion.