THIRTY-FOUR CORPORATION v. SIXTY-SEVEN CORPORATION

No. 84-313.

15 Ohio St. 3d 350 (1984)

THIRTY-FOUR CORPORATION, APPELLEE, v. SIXTY-SEVEN CORPORATION, APPELLANT.

Supreme Court of Ohio.

Decided December 31, 1984.


Attorney(s) appearing for the Case

Zacks, Luper & Wolinetz Co., L.P.A., Mr. Stanley L. Myers and Mr. Mark S. Miller, for appellee.

Cameron & Belskis Co., L.P.A., Mr. J. Gary Coffman, Messrs. Kozich & Hvizdos and Mr. John D. Hvizdos, for appellant.


SWEENEY, J.

The defendant-appellant contends that the court of appeals did not properly carry out its duty under App. R. 12 because it refused to consider whether the judgment below could be supported on any basis other than the reasons given by the trial court. Apparently, appellant is arguing that the appellate court should have affirmed the trial court's judgment on the basis of a failure of consideration, even though it found that laches and accord and satisfaction...

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