GRUGER v. DIVERSIFIED AIR SYS.

No. 07-MA-52.

2008 Ohio 3403

Walter Gruger, Plaintiff-Appellee, v. Diversified Air System, Inc., Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: June 30, 2008.


Attorney(s) appearing for the Case

Attorney Alan Wenger, Attorney Jennifer Lockshaw, Harrington, Hoppe & Mitchell, Ltd., 26 Market Street, Suite 1200, P.O. Box 6077, Youngstown, Ohio 44501-6077, for Plaintiff-Appellee.

Attorney Michael Harvey, 311 Northcliff Drive, Cleveland, Ohio 44114, for Defendant-Appellant.

Before: Hon. Gene Donofrio, Hon. Cheryl L. Waite, Hon. Mary DeGenaro.


OPINION

DONOFRIO, J.

{¶1} Defendant-appellant, Diversified Air Systems (DAS), appeals from a Mahoning County Common Pleas Court judgment ruling in favor of plaintiff-appellee, Walter Gruger, on Gruger's claims for outstanding commissions due and breach of a lease and on DAS's counterclaim, following a bench trial to a magistrate.

{¶2} The Phoenix Electric Company (Phoenix) was wholly owned by Gruger. In March 1998...

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