CONTINENTAL WEST CONDOMINIUM UNIT OWNERS ASSN. v. HOWARD E. FERGUSON, INC.

No. 94-1618.

74 Ohio St.3d 501 (1996)

CONTINENTAL WEST CONDOMINIUM UNIT OWNERS ASSN., APPELLANT, v. HOWARD E. FERGUSON, INC.; AIRKO, INC., APPELLEE.

Supreme Court of Ohio.

Decided February 14, 1996.


Attorney(s) appearing for the Case

Robert J. Valerian and Lisa M. Savarino, for appellant.

Randall M. Perla and Scott D. White, for appellee.


COOK, J.

This court must decide whether a party to a settlement agreement who becomes obligated thereby to perform, can insist that the obligee accept such performance despite the filing of a satisfaction of judgment. We hold that unless the language employed in the agreed judgment incorporating a settlement specifically requires the obligee to accept the obligor's performance, the obligee need not accept the performance, but need only conclude the litigation.

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