Little v. Real Living HER
2014 Ohio 5664
Ohio Ct. App.2014Background
- In April–May 2009 Melissa Little signed a Real Estate Purchase Contract to buy Saddoris's house for $230,000; the contract was "subject to bank approval" (a short‑sale condition precedent).
- Saddoris later executed two other purchase contracts at higher prices (one for $275,000 ultimately approved and closed at $240,000 after appraisal changes).
- Nationwide (mortgage servicer) and Fannie Mae (mortgage holder) reviewed offers; Nationwide declined to forward Little's $230,000 offer as too low and forwarded the highest acceptable offer, which Fannie Mae approved.
- Little sued Saddoris for breach of contract and sued McCann, CBKT, and Real Living HER for tortious interference; defendants moved for summary judgment.
- The trial court granted summary judgment for defendants; Little appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Saddoris breach by selling to others despite bank‑approval condition? | Little: Saddoris repudiated the contract by signing other contracts, excusing the bank‑approval condition and making Saddoris's duty absolute. | Saddoris: Bank approval was a condition precedent that never occurred; without it his duty never matured and there is no breach. | Court: No breach — Little offered no evidence that Saddoris's repudiation caused the bank to deny approval; condition precedent remained, so no liability. |
| Did realtors tortiously interfere with Little's contract? | Little: Realtors intentionally procured breach by submitting other offers / causing sale to others. | Realtors: There was no breach by Saddoris, so no actionable interference. | Court: No tortious interference — because there was no breach of contract, interference claim fails. |
Key Cases Cited
- Hudson v. Petrosurance, Inc., 127 Ohio St.3d 54 (2010) (summary judgment standard and de novo appellate review)
- Sinnott v. Aqua-Chem, Inc., 116 Ohio St.3d 158 (2007) (summary judgment standard)
- Savage v. American Family Ins. Co., 178 Ohio App.3d 154 (2008) (definition of condition precedent)
- Stonehenge Land Co. v. Beazer Homes Invs., L.L.C., 177 Ohio App.3d 7 (2008) (repudiation can excuse a condition precedent)
- White Hat Management, L.L.C. v. Ohio Farmers Ins. Co., 167 Ohio App.3d 663 (2006) (repudiation/anticipatory breach principles)
- Fred Siegel Co., L.P.A. v. Arter & Hadden, 85 Ohio St.3d 171 (1999) (elements of tortious interference with contract)