Ameritech Publishing, Inc. v. Mayfield
2011 Ohio 2971
Ohio Ct. App.2011Background
- Ameritech filed suit against Mayfield for $64,247.91 for advertising services (2005–2006) in nine Yellow Pages directories.
- Ameritech presented five Ameritech Customer Receipts signed by Mayfield and corresponding ads and invoices supporting the balance.
- Mayfield testified he never signed contracts and that receipts did not prove an agreement; he did not file a transcript with objections.
- Magistrate found multiple written advertising agreements formed between the parties; Ameritech performed and Mayfield owed the balance.
- Mayfield failed to provide a transcript on objections, so appellate review is limited to magistrate findings and trial-law conclusions.
- Trial court adopted the magistrate’s decision, awarding $64,247.41 plus interest and costs; Mayfield appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether valid contracts existed between the parties. | Ameritech proves contracts via signed Receipts and correspondence. | Receipts are not contracts; signatures may be incidental; terms/back page not properly signed/dated. | Contracts existed; Mayfield liable for the balance. |
Key Cases Cited
- Kostelnik v. Helper, 96 Ohio St.3d 1 (2002-Ohio-2985) (elements of contract formation require offer, acceptance, mutual assent, consideration, certainty)
- Juhasz v. Costanzo, 144 Ohio App.3d 756 (2001-Ohio-) (contract formation questions are fact-dependent)
- Episcopal Retirement Homes, Inc. v. Ohio Dept. of Indus. Relations, 61 Ohio St.3d 366 (1991) (meeting of the minds required for binding contracts)
- In re All Kelly & Ferraro Asbestos Cases, 104 Ohio St.3d 605 (2004-Ohio-7104) (contract interpretation is a matter of law; facts support formation)
- State ex rel. Duncan v. Chippewa Twp. Trustees, 73 Ohio St.3d 728 (1995) (when transcript absent, appellate review limited to magistrate findings)
- Upton v. Tribilcock, U.S. 45 (1875) (treatment of contract terms signed without reading)
