Carskadon v. Avakian, 2011 Ohio 4423

Real estate contract provided that a 42-inch Sony TV would remain in the home after closing.
Closing occurred October 27, 2010; appellants remained in possession until November 7, 2010, when appellee took possession.
On November 6, 2010 appellee discovered the TV and stand were missing after an auction.
Appellee filed a small claims complaint on December 3, 2010 seeking damages of $2,106.42 for breach of contract.
Bench trial held January 13, 2011; magistrate found breach and valued damages at $2,106.00; appellants moved to continue but were denied.
Delaware Municipal Court entered judgment in appellee’s favor on February 1, 2011; appellants appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did appellants breach the contract by removing the TV?	Carskadon argues TV remained with home after closing and breach occurred when TV vanished.	Avakians contend they no longer owned TV after closing and thus bore no obligation.	Yes, breach found; TV not in home after closing.
Was the denial of a second continuance an abuse of discretion?	N/A	Appellants sought more time; trial court should grant continuance when justified.	No abuse; court properly exercised discretion.
Were damages properly determined for the missing TV?	Damages fixed at $2,106.00 as value of the TV.	Challenge to the valuation and lack of transcript undermines the award.	Damages affirmed; valuation not shown to be an abuse of discretion.

Inland Refuse Transfer Co. v. Browning-Ferris Industries of Ohio, Inc., 15 Ohio St.3d 321 (1984) (contract interpretation when language is unambiguous is a question of law)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard for trial court rulings)