Hawkins v. Green
2011 Ohio 5175
Ohio Ct. App.2011Background
- Hawkins appeals after a bench trial, challenging Green’s breach of an oral remodeling contract.
- Green initially signed a written contract with Jones for about $16,878; Hawkins, present but not signatory, acted as project manager.
- Jones was terminated for poor work; Hawkins allegedly entered an oral agreement with Green to finish using Jones’s contract as a template.
- Hawkins enlisted subcontractors but did not provide receipts for labor/materials; he later issued an itemized invoice for $8,338.
- Trial court found an oral contract existed, Green made pre- and post- invoice payments, Hawkins failed to prove complete performance or damages with credible evidence, but materials receipts totaled $2,705.64; Green had paid $3,141, exceeding proven damages, so no further payment was due.
- The court affirmed judgment for Green, awarding costs to Green and directing execution of the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an oral contract existed | Hawkins asserts an oral contract existed. | Green disputes existence of agreement. | Yes, court found an actionable oral contract existed. |
| Whether Hawkins fully performed under the contract | Hawkins claims full completion. | Green argues partial performance only. | Court held Hawkins did not prove complete performance. |
| Whether damages were proven by a preponderance of the evidence | Hawkins presented damages via receipts and invoices. | Green challenges credibility and sufficiency of damages. | Court found damages not proven with credible evidence; receipts totaled $2,705.64. |
| Whether Green was obligated to pay further amounts | Hawkins seeks payment of remaining balance. | Green already paid more than proven damages. | No further payment due; Green’s excess payments exceeded proven damages. |
| Whether the verdict was against the manifest weight of the evidence | Hawkins argues manifest weight supports his claim. | Green argues trial relied on competent evidence. | Judgment not against the weight of the evidence; affirmed. |
Key Cases Cited
- Abernethy v. Abernethy, 8th Dist. No. 92708, 2010-Ohio-435 (8th Dist., 2010) (competent, credible evidence suffices for contract claims; weight of evidence review limits credibility assessment)
- Gadd v. Riddle, 7th Dist. No. 288, 2002-Ohio-1570 (7th Cir. 2002) (use of receipts and lists to calculate amounts due under remodeling contract)
- Yuhanick v. Cooper, 7th Dist. No. 99 CO 37, 2001-Ohio-3202 (7th Cir. 2001) (time logs and material receipts support damages in oral construction contracts)
- Circuit Solutions, Inc. v. Mueller Elec. Co., 2008-Ohio-3048 (9th Dist. 2008) (preponderance standard for proving breach damages; competent evidence suffices)
- F. Ent., Inc. v. Kentucky Fried Chicken Corp., 47 Ohio St.2d 154, 351 N.E.2d 121 (1976) (Ohio) (damages require reasonable certainty to place party in position as if contract performed)
- Kinetico, Inc. v. Indep. Ohio Nail Co., 19 Ohio App.3d 26, 482 N.E.2d 134 (1985) (Ohio App. Dist.) (damages measured by evidence establishing the loss with reasonable certainty)