190 Ohio App. 3d 612
Ohio Ct. App.2010Background
- In June 2001, All American Basement Waterproofing performed basement waterproofing at the Huff home, addressing moisture and mold with drainage and garage-area work.
- The Huffs paid $3,500 under a contract that guaranteed transferable lifetime waterproofing for all work performed, with a separate certificate listing exclusions.
- The Home initially resisted leaks for a couple of years, but problems returned due to a failed drain along the garage door; mold and flooding recurred and cement cracked.
- All American told the Huffs the exterior-element–related work was not covered by the lifetime guarantee and cited the certificate to carve out exclusions.
- The Huffs filed a small-claims action for $3,000 in damages on August 6, 2009; a magistrate ruled in their favor on October 21, 2009.
- The trial court adopted the magistrate’s decision, while the appellant challenged multiple legal theories, including rescission and limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly limited claims to the complaint | Huff | All American | Not well taken |
| Whether rescission was an improper measure of damages | Huff argued for cost of repair | All American relied on rescission | Not well taken |
| Whether the plaintiffs proved breach of the written warranty | Huff | All American | Breached; lifetime guarantee covers all work performed |
| Whether the claims were timely under the statute of limitations | Huff | All American | R.C. 2305.06 governs; 15-year limit applies; not barred by 2-year limit |
| Whether the small-claims court had jurisdiction to grant rescission | Huff | All American | Small claims lacks power to grant equitable relief; remanded |
Key Cases Cited
- Allied Indus. Serv. Corp. v. Kasle Iron & Metals, Inc., 62 Ohio App.2d 144 (Ohio Ct. App. 1977) (tests when a contract is service-dominated vs. goods-dominated under sale-of-goods provisions)
- Kocisko v. Charles Shutrump & Sons Co., 488 N.E.2d 171 (Ohio 1986) (15-year limitation for contracts in writing; breach of contract to install)