2017 Ohio 4404
Ohio Ct. App.2017Background
- R&A Lawn Care (Gottula) performed landscaping at property owned by Tim Back/Back Tree & Landscape under an alleged oral agreement.
- Both parties testified there was an oral agreement at $25/hour; they had dealt under that rate in prior years.
- R&A submitted time records for work in 2013–2014 and billed a total demand of $6,333.55 (after crediting some prior payments).
- Defendants paid intermittently (a $1,000 check and $400 cash in 2014 were credited) and disputed additional charges, claiming some workers were non‑professional and disputing hours and invoices.
- Debt‑collection letter prompted defendants to deny any contract and assert invoices had been paid; R&A sued for breach, payment on account, quantum meruit, and unjust enrichment.
- The municipal court found no oral contract and awarded R&A only $1,800; the court of appeals reversed, holding an oral contract existed and remanding to determine modification, breach, and damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of an oral contract | An oral agreement existed for $25/hr; course of conduct and admissions prove contract | No enforceable oral contract; invoices not agreed to and services disputed | Court found uncontested evidence (testimony and prior payments) established an oral contract at $25/hr; trial court erred in finding none |
| Proof of the sum owed | R&A presented time sheets and employee testimony documenting hours billed | Back disputed hours, claimed he never saw timesheets or invoices and paid for productive work; alleged rate applied only to professional workers | Remanded: because an oral contract exists, trial court must reassess whether R&A proved the amount owed and any modifications to terms |
| Value of unpaid work / damages | R&A sought $6,333.55 (less credited payments) based on records | Back argued $1,800 settlement offer covered owed amount and disputed additional charges | Court reversed the $1,800 award and remanded to determine if contract was modified, breached, and correct damages amount |
Key Cases Cited
- Kostelnik v. Helper, 96 Ohio St.3d 1 (Ohio 2002) (elements of a contract and that terms of an oral contract may be shown by words, acts, and course of conduct)
- Zelina v. Hillyer, 165 Ohio App.3d 255 (Ohio Ct. App. 2005) (existence of a contract is a question of law)