Hunter v. Green
2012 Ohio 5801
Ohio Ct. App.2012Background
- Hunter transferred the Coshocton County farm to Green in the 1990s amid a dispute over future reconveyance.
- There was an oral agreement that Green would reconvey the farm to Hunter upon demand.
- Deeds, contract, and notes were prepared but contained no writing evidencing the alleged reconveyance promise.
- Trial court granted partial summary judgment dismissing several breach-related claims for lack of a writing under the statute of frauds.
- On remand, bench trial held; the court again found no writing satisfying the statute of frauds and that Hunter released any right to the farm.
- Court of Appeals affirmed the judgment finding no enforceable reconveyance promise under the statute of frauds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the writings satisfy the statute of frauds. | Hunter argues the combined writings satisfy the statute. | Green asserts no writing meeting the statute exists. | No; writings do not satisfy the statute. |
Key Cases Cited
- Landskroner v. Landskroner, 154 Ohio App.3d 471 (Ohio 2003) (writing can satisfy the statute if its terms are identified and essential terms stated)
- Warne v. Dickey, 2003-Ohio-3579 (Ohio 5th Dist.) (constructive trust unless equitable relief proven; parol evidence considerations)
- Marion Production Credit Assn. v. Cochran, 40 Ohio St.3d 265 (Ohio 1988) (parol evidence and statute of frauds principles guiding contract formation)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard of review for manifest weight of the evidence in civil cases)
- Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (credibility and weight of testimony in bench trials)