WELCO INDUSTRIES, INC. v. APPLIED COS.

No. 92-471.

67 Ohio St.3d 344 (1993)

WELCO INDUSTRIES, INC. v. APPLIED COMPANIES, APPELLEE; VICKERS, INC., APPELLANT.

Supreme Court of Ohio.

Decided September 15, 1993.


Attorney(s) appearing for the Case

Bauer, Morelli & Heyd Co., L.P.A., Arnold Morelli and John M. Isidor, for appellee.

Dinsmore & Shohl, Lawrence R. Elleman and Linda A. Cooper, for appellant.


MOYER, C.J.

This case presents the question whether a stranger corporation that purchases the assets of another corporation may be held liable for the unassumed contractual obligations of the predecessor under a theory of successor liability. This case specifically requires us to define the contours of the "mere continuation" exception to the general rule of successor nonliability as it applies to claims sounding in contract.

Under Civ.R. 56, summary judgment...

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