Alltank Systems v. Grant Systems Inc., 165 Ohio Misc. 2d 1

Kirk Bros. Co. was the prime contractor for a Marysville water reclamation plant project; Alltank was a subcontractor and Grant Systems was an additional subcontractor.
Plaintiff expected Grant to deliver and install a duplex pump set and piping to feed an emergency generator, for the plant's April 21, 2009 grand opening.
Purchase orders were issued in March and November 2008, and Alltank paid Grant $66,231.37 in early 2009.
Grant delivered the duplex pump set, but it did not function to Alltank’s satisfaction; Phoenix Environmental performed last-minute work to fix it for the opening.
Alltank billed Grant $1,845.33 for Phoenix’s and its own on-site work, but Grant refused payment after July and December 2009 invoices.
There was no written contract; the court found an oral contract based on Grant’s November 25, 2008 quotation and subsequent dealings, and ultimately entered judgment for Grant.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an oral contract existed and defined scope of work	Alltank argues an implied oral contract encompassed installation/start-up work.	Grant contends it delivered only the pump set; installation/start-up not included per quotation.	Oral contract found; scope limited by quotation; defendant not liable for turn-key work.
Whether plaintiff proved damages/entitlement to payment	Alltank seeks payment for Phoenix’s and its own on-site work to fix the system.	Grant argues no contract obligates payment for post-delivery start-up work.	Plaintiff failed to prove by a preponderance; judgment for defendant on costs.

In re Lieberman, 163 Ohio St. 35 (1955) (credibility and weight of evidence principles)
Bowlin v. Black & White Cab Co., 7 Ohio App.2d 133 (1966) (quality of evidence over quantity)
State v. DeHass, 227 N.E.2d 212 (Ohio Sup. Ct. 1967) (testimony credibility standard)
Marshall v. Beach, 758 N.E.2d 247 (Ohio App.3d 2001) (offer, acceptance, and consideration elements)
Helle v. Landmark, Inc., 472 N.E.2d 765 (Ohio App.3d 1984) (contract interpretation and ambiguity resolution)
Long Beach Assn., Inc. v. Jones, 697 N.E.2d 208 (Ohio Sup. Ct. 1998) (contract interpretation standard)
Graham v. Drydock Coal Co., 667 N.E.2d 949 (Ohio Sup. Ct. 1996) (contract interpretation principles)
State ex rel. Parsons v. Fleming, 628 N.E.2d 1377 (Ohio Sup. Ct. 1994) (statutory and contractual interpretation context)
Davis v. Loopco Industries, Inc., 609 N.E.2d 144 (Ohio Sup. Ct. 1993) (extrinsic evidence in contract interpretation)
Inland Refuse Transfer Co. v. Browning-Ferris Indus. of Ohio, Inc., 474 N.E.2d 271 (Ohio App. 1984) (extrinsic evidence and contract construction)
Karabin v. State Auto. Mut. Ins. Co., 462 N.E.2d 403 (Ohio Sup. Ct. 1984) (contract interpretation under Ohio law)
Eagle v. Fred Martin Motor Co., 2004-Ohio-829 (Ohio App. 2004) (contract interpretation and standard of review)
Certified Computer v. Rieth & Antonelli Co., 2005-Ohio-5936 (Ohio Misc. 2005) (oral vs. written contract and enforceability)