R.C. OLMSTEAD, INC. v. GBS CORP.

No. 08 MA 83.

2009 Ohio 6808

R.C. Olmstead, Inc., Plaintiff-Appellant, v. GBS Corp., et al., Defendants-Appellees.

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

Dated: December 18, 2009.


Attorney(s) appearing for the Case

Attorney G. Ross Bridgman, Attorney David Campbell, Attorney Daniel Clark, 52 East Gay Street, P.O. Box 1008, Columbus, Ohio 43216-1008, for Plaintiff-Appellant.

Attorney Mark Skakun, Attorney Mark Frasure, 4518 Fulton Drive, N.W., P.O. Box 35548, Canton, Ohio 44735-5548, Attorney Stuart Strasfeld, Attorney David Barbee, 100 Federal Plaza East, Suite 600, Youngstown, Ohio 44503, for Defendants-Appellees.

Before: Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Mary DeGenaro.


OPINION

VUKOVICH, P.J.

¶{1} Plaintiff-appellant R.C. Olmstead, Inc. (RCO) appeals the decision of the Common Pleas Court after a jury ruled in favor of defendants-appellees GBS Corp. and Stephen Mihalich. The main issues on appeal concern the denial of summary judgment, whether forgery of a signature is a type of fraud that must be raised as an affirmative defense to a breach of contract claim and that must be proven by forgery claimant...

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