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REFRESHMENT SERVICES COMPANY, INC. v. CITY OF CLEVELAND

Nos. 79-630 and 79-716.

63 Ohio St. 2d 89 (1980)

REFRESHMENT SERVICES COMPANY, INC., APPELLEE, v. CITY OF CLEVELAND ET AL., APPELLANTS. CITY OF CLEVELAND, APPELLEE, v. REFRESHMENT SERVICES COMPANY, INC., APPELLANT.

Supreme Court of Ohio.

Decided July 9, 1980.

Attorney(s) appearing for the Case

Bernard & Haffey Co., L.P.A., and Mr. J. Ross Haffey, Jr., for appellee and appellant Refreshment Services Company, Inc.

Mr. Thomas E. Wagner, director of law, and Mr. Mark J. Valponi, for appellant and appellee city of Cleveland.

Per Curiam.

I.

The fundamental issue presented by case No. 79-630 is whether the city of Cleveland terminated its concession contract with Refreshment Services in accordance with the termination procedure set forth in that agreement. Article XXVIII of the contract provides that the "city shall have the right to terminate this concession agreement at any time on thirty (30) days written notice to concessionaire if and when by resolution of the board...

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