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Morrison v. Bare

Ohio Court of Appeals

2007 WL 4415307 (Ohio Ct. App. Dec. 19, 2007)

Relevant factsFree

Jack Morrison (plaintiff), noticing a furnace sticker warning of a cracked heat exchanger while inspecting Jonas Bare's (defendant) house, made an offer conditioned on Bare producing the furnace repair bill within 14 days; the bill Bare provided said nothing about the heat exchanger, which in fact had never been repaired. Morrison refused to close unless Bare replaced the furnace or lowered the price, Bare refused, and Morrison sued for breach of contract; the trial court granted Bare summary judgment, and Morrison appealed.

IssueFree

Whether the failure to satisfy a condition constitutes a breach of contract.

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