Johncol, Inc. v. Cardinal Concession Servs., L.L.C.
101 N.E.3d 1014
| Ohio Ct. App. | 2017Background
- Johncol, Inc. (Papa John's) delivered pizzas to Cardinal Concession Services (Cardinal) concession stands between May and September 1, 2014; Johncol sought payment of $25,079.25.
- Cardinal admitted it received product on account but disputed the amount claimed and raised statute-of-frauds and evidentiary objections to Johncol’s account statements and invoices.
- Johncol moved for summary judgment supported by an affidavit from its franchisee (Burris), account statements and invoices, and Cardinal’s admissions to receiving product and not paying after June 23, 2014.
- Cardinal opposed, submitting an affidavit from its operator (Nail) that generally disputed the accuracy of the accounts and referenced unsigned/unclear receipts but did not attach those receipts to the summary-judgment filing.
- The trial court granted summary judgment for $25,079.25 and awarded prejudgment interest starting September 1, 2014.
- On appeal, the Tenth District affirmed summary judgment (finding Johncol met the Dresher initial burden and Cardinal failed to satisfy Civ.R. 56(E)), but reversed the prejudgment-interest start date and remanded for factual findings on when the debt became due.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment for money on account was proper | Johncol: account records + Burris affidavit establish prima facie account and no genuine dispute | Cardinal: statements/invoices lack product descriptions, unsigned receipts and genuine disputes preclude summary judgment | Affirmed — Johncol met initial Dresher burden; Cardinal’s general denials were insufficient under Civ.R. 56(E) |
| Proper accrual date for prejudgment interest under R.C. 1343.03(A) | Johncol: use Sept. 1, 2014 (last delivery) to simplify calculations; statements list due dates as delivery dates | Cardinal: interest should run from when each debt became due/payable (not date incurred); prior practice and invoice language show later due dates | Reversed — award of interest is appropriate but trial court abused discretion by selecting Sept. 1, 2014 without factual findings; remanded to determine when each debt became due and interest accrual date |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (defining the summary judgment burden-shifting framework)
- Harless v. Willis Day Warehousing Co., Inc., 54 Ohio St.2d 64 (standards for summary judgment)
- Brown v. Columbus Stamping & Mfg. Co., 9 Ohio App.2d 123 (requirements for proving an account)
- Royal Elec. Constr. Corp. v. Ohio State Univ., 73 Ohio St.3d 110 (prejudgment interest compensates plaintiff for delay)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse of discretion standard)