Weigand & Son Corp. v. Matrix Realty Group, Inc.
2014 Ohio 2503
Ohio Ct. App.2014Background
- Fire at Oakbrook Manor (Aug. 11, 2011) damaged about 30 units; Wingates, LLC owned Oakbrook Manor and affiliated with Matrix Equities; LaChappelle, Matrix Equities regional manager, signed Emergency Repairs Authorization form presented by Paul Davis; Grillo, Matrix Equities VP for multi-family operations, signed as property manager; Paul Davis secured property and performed restoration per approved estimates; Paul Davis invoiced Matrix Realty $69,952.88; Matrix Realty refused to pay and the common pleas court granted summary judgment to Paul Davis on breach of contract with damages subject to further proceedings; appellate court reversed on breach of contract due to genuine issue of material fact regarding whether Matrix Realty was a party to the contract or unwritten agreement; unjust enrichment issue was deemed not ripe for review and dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Matrix Realty was a party to the contract | Paul Davis argues Matrix Realty bound by written and unwritten agreements | Matrix Realty contends it was not a party to the contract | Genuine issue of material fact on agency/party status; summary judgment improper |
| Whether the unjust enrichment claim is ripe for review | Paul Davis sought relief also on unjust enrichment | Matrix Realty argues the issue was not properly decided | Unjust enrichment claim not ripe for review; dismissed as advisory |
Key Cases Cited
- Kostelnik v. Helper, 96 Ohio St.3d 1 (Ohio Supreme Court, 2002) (elements of contract; meeting of the minds; valid contract requires essential terms)
- Mtge. Network, Inc. v. Ameribanc Mtge. Lending, L.L.C., 177 Ohio App.3d 733 (Ohio App. 10th Dist., 2008) (apparent authority analysis focuses on principal's acts)
- Master Consolidated Corp. v. BancOhio Natl. Bank, 61 Ohio St.3d 570 (Ohio Supreme Court, 1991) (apparent authority requires principal's conduct creates appearance of authority)
- Groob v. KeyBank, 108 Ohio St.3d 348 (Ohio Supreme Court, 2006) (agency authority determined by principal’s acts)
- Am. Outdoor Advertising Co., L.L.C. v. P&S Hotel Group, Ltd., 10th Dist. No. 09AP-221 (Ohio App. 10th Dist., 2009) (summary judgment cannot resolve issues with lack of agency authority)