Sullinger v. Reed
178 N.E.3d 29
Ohio Ct. App.2021Background
- In 2017 Don (as attorney-in-fact for his mother Joan, the life tenant) executed a farming lease with Doug and Kathy Reed (R & R Farms) for Silver Creek Farm; the lease’s term was tied to the life of Joan with specified post-death termination dates.
- Joan died November 28, 2018; Don and Doug inherited as tenants in common. The Reeds had already invested in 2019 preparations (cover crop, soil tests) and paid quarterly rent checks in late 2018/early 2019.
- Don emailed Reed on March 1, 2019 stating he intended to honor/ratify the lease and had cashed the prior rent check; Reed continued tendering rent. Doug disputed the lease’s continuation, directed counsel to notify Reed he had no right to enter, and caused a sheriff’s eviction notice to be served in April 2019.
- Reed did not plant in 2019 because of the eviction/notice and sued for damages (lost profits, preparation expenses); Don and the Reeds counterclaimed. Doug sought declaratory relief and dismissal at various stages; some of his claims were dismissed earlier.
- The trial court found Don ratified the lease, the Reeds were in legal possession, Doug wrongfully prohibited their access, and awarded the Reeds damages ($62,545.91) offset by rent owed to Doug ($19,947.00), leaving Doug owing $42,598.91. The Third District affirmed.
Issues
| Issue | Plaintiff's Argument (Sullinger) | Defendant's Argument (Reeds/Don) | Held |
|---|---|---|---|
| 1) Admissibility / hearsay waiver of Don’s March 1 email | Trial court relied on inadmissible hearsay (Ex. C) | Trial court properly admitted the email; any objection was waived at trial | Court held appellant waived the hearsay objection by failing to object when exhibit was offered; admission upheld |
| 2) Enforceability of a life-tenant lease after life tenant’s death | Lease made by life tenant cannot bind heirs; therefore lease terminated at Joan’s death | Remainderman (Don) ratified lease in writing, so lease continued as to remainderman/lessee | Court held Don’s written ratification validated the lease as to the remainderman, so the lease was enforceable |
| 3) Whether one cotenant can lease/create obligations binding other cotenant; liability for excluding lessee | Don could not bind Doug contractually as a cotenant; Doug therefore cannot be liable under the lease | A cotenant may lease his undivided interest without others’ consent; non-leasing cotenant cannot lawfully exclude valid lessee and may be liable for wrongful exclusion | Court held Don could convey possession rights to Reeds; Doug had no right to prohibit persons in legal possession and was liable for damages caused by exclusion |
| 4) Motion to dismiss for failure to state a claim | Trial court should have dismissed Reeds’ counterclaims because Doug was not a contracting party | Reeds established legal basis for liability (wrongful exclusion) independent of contractual privity | Court deemed this issue moot after resolving the related privity/possession questions and declined to address it further |
Key Cases Cited
- Genesis Respiratory Services, Inc. v. Hall, 99 Ohio App.3d 23 (4th Dist. 1994) (failure to object to admission of an exhibit waives appellate challenge to its admission)
- Brown v. Brown, 102 N.E.3d 72 (Ohio Ct. App. 2017) (trial court’s evidentiary rulings reviewed for abuse of discretion)
- Koster v. Boudreaux, 11 Ohio App.3d 1 (Ohio Ct. App. 1982) (tenancy in common confers unity of possession; cotenants hold distinct titles)
- Collins v. Jackson, 34 Ohio App.3d 101 (Ohio Ct. App. 1986) (a cotenant in possession is not subject to eviction by another cotenant)
- Cohen v. Cohen, 157 Ohio St. 503 (Ohio 1952) (cotenant in sole possession must account to other cotenants for their share of rents/profits)
- Ferenbaugh v. Ferenbaugh, 104 Ohio St. 556 (Ohio 1922) (law presumes possession by some cotenants is possession by all)