BEIFUSS v. WESTERVILLE BD. OF EDN.

No. 86-1697.

37 Ohio St. 3d 187 (1988)

BEIFUSS ET AL., APPELLANTS, v. WESTERVILLE BOARD OF EDUCATION, APPELLEE.

Supreme Court of Ohio.

Decided June 22, 1988.


Attorney(s) appearing for the Case

Cloppert, Portman, Sauter, Latanick & Foley, Frederick G. Cloppert, Jr., Frederick A. Portman and Michael J. Hunter, for appellants.

Means, Bichimer, Burkholder & Baker Co., L.P.A., and James P. Burnes, for appellee.


LOCHER, J.

The primary issue presented in this action is whether a public school board of education can be held liable for prejudgment interest on damages assessed in a contract action. We hold in the negative and, accordingly, affirm the decision of the court of appeals.

It is well-established that "[i]n the absence of a statute requiring it, or a promise to pay it, interest cannot be adjudged against the state...

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