Williams v. Williams
2011 Ohio 1200
Ohio Ct. App.2011Background
- In 2002, Harold and Jodie Williams contracted with Michael Williams and Roofing and Barn Repair Home Builders to construct a home in Candlewood Lake, Mount Gilead, with contract prices ranging from $110,000 to $120,000.
- On April 11, 2003, appellants recorded a mechanics’ lien for $27,000 for materials furnished.
- Foreclosure on the mechanics’ lien was filed August 4, 2006, and appellees answered with counterclaims for breach of contract, breach of warranty, Consumer Sales Practices Act, and assault.
- Appellants amended their complaint in 2007 to add a breach claim and an alleged oral loan repayment of $1,800.
- A bench trial occurred May 19, 2010; assault claims were withdrawn, and appellees moved for a directed verdict on foreclosure and breach claims; the trial court granted the motion and entered judgment May 21, 2010, finding a contract existed but damages were not proven and the lien affidavit did not establish damages.
- The Fifth District Court of Appeals affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly dismissed for insufficient damages or refused to determine lien value | Williams contends damages were proven and lien value should be determined from the lien affidavit. | Williams argued the lien amount adequately proves damages, or the court should inquire into the lien value. | Affirmed; evidence insufficient to prove damages; court did not abuse discretion under Civ.R. 41(B)(2). |
Key Cases Cited
- Moore v. Adams, 2008-Ohio-5953 (Tuscarawas App. 2008) (elements of breach of contract require proof of contract, performance, breach, and damages)
- Allied Erecting & Dismantling Co., Inc. v. Youngstown, 151 Ohio App.3d 16 (2002) (measure of damages in contract actions)
- Spano Brothers Constr. Co., Inc. v. Adolph Johnson & Son Co., 2007-Ohio-1427 (9th App. Dist. 2007) (damages and proof in contract actions)
- Lawrence v. Lorain Cty. Community College, 127 Ohio App.3d 547 (1998) (cited for contract damages framework)
- Schlueter v. Shaheen, 1989 WL 138133 (Hancock County App. 1989) (affidavit is not per se proof of debt; burden to prove damages)
- Clair v. First Am. Title Ins., 2007-Ohio-1681 (9th App. Dist. 2007) (relevance of contract elements and damages)
- Portco, Inc. v. Eye Specialists, Inc., 177 Ohio App.3d 139 (2008) (mechanics’ lien priorities and its relation to underlying debt)
- Thrush v. Thrush, 1998 WL 40427 (Union App. No. 14-86-17) (mechanics' lien purpose and filing requirements)
- Levine v. Beckman, 48 Ohio App.3d 24 (1988) ( Civ.R. 41(B)(2) standard and dismissal authority)