MONROE EXCAVATING, INC. v. DJD&C DEV., INC.

No. 10 MA 12.

2011 Ohio 3169

Monroe Excavating, Inc., Plaintiff-Appellee, v. DJD&C Development Inc., et al., Defendants-Appellant.

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

Dated: June 17, 2011.


Attorney(s) appearing for the Case

Attorney Kathryn A. Vadas , Attorney Peter B. Grinstein , Nadler, Nadler & Burdman Co. LPA, 20 West Federal Street, Suite 600, Youngstown, OH 44503, for Plaintiff-Appellee.

Attorney Stuart A. Strasfeld , Roth, Blair, Roberts, Strasfeld & Lodge, 100 Federal Plaza East, Suite 600, Youngstown, OH 44503-1893, for Defendants-Appellant.

Before: Mary DeGenaro, Cheryl L. Waite, Joseph J. Vukovich.


OPINION

DeGENARO, J.

{¶1} Appellant, Ridgely Park, LLC appeals the December 23, 2009 decision of the Mahoning County Court of Common Pleas, which held that Ridgely Park was in breach for nonpayment of excavation services pursuant to an oral contract with appellee, Monroe Excavating, Inc., and awarded $44,121.22 in damages.

{¶2} Ridgely Park argues that the trial court erred by finding that the April 18, 2006 written...

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