2014 Ohio 2593
Ohio Ct. App.2014Background
- Robenolts own about 48 acres in Poland Township, Mahoning County, Ohio, inherited in 2006.
- They leased mineral rights and advertised part of the land for sale.
- On March 24, 2010, purchase contract provided the Robenolts would retain mineral rights.
- At the original closing, the deed failed to reserve mineral rights and the parcel size was misdescribed.
- The tree line was later added to enlarge the parcel; Robenolts agreed to re-execute a corrected deed.
- Robenolts sued for rescission and reformation of the deed to reflect mineral-rights retention; court granted reformation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mutual mistake supports reformation notwithstanding merger. | Robenolts rely on the purchase contract showing mineral retention. | Zyznar argues no mutual mistake; merger doctrine controls. | Mutual mistake proven; reformation affirmed. |
| Whether contract language survives closing and supports reformation. | Contract clearly shows mineral rights retained. | Merger and plain reading negate survival. | Reformation affirmed; equitable remedy supported. |
Key Cases Cited
- Fuller v. Drenberg, 3 Ohio St.2d 109 (Ohio 1965) (merger doctrine and exceptions for mistake)
- Mayer v. Sumergrade, 111 Ohio App. 237, 167 N.E.2d 516 (8th Dist.1960) (mutual mistake as basis for reformation)
- Wagner v. Natl. Fire Ins. Co., 132 Ohio St. 405, 8 N.E.2d 144 (Ohio 1937) (reformation available for mutual mistake)
- JLJ Inc. v. Rankin & Houser, Inc., 2010-Ohio-3912 (2d Dist. No. 23685 (Ohio 2010)) (trial court’s finding supported by contract as best evidence of intent)