ACME CO. v. SAUNDERS TOPSOIL

No. 10 MA 93.

2011 Ohio 6423

The Acme Company, Plaintiff-Appellee, v. Saunders & Sons Topsoil, Defendant-Third-Party Plaintiff-Appellant, v. R & J Trucking, Inc., et al., Third-Party Defendants-Appellees.

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

Dated: December 7, 2011.


Attorney(s) appearing for the Case

No Brief Filed, For Plaintiff-Appellee.

Attorney Robert E. Duffrin , 7330 Market Street, Youngstown, OH 44512, Attorney Scott C. Essad , 5815 Market Street, Suite 1, Youngstown, OH 44512, For Defendant-Third-Party Plaintiff-Appellant.

No Brief Filed, For Third-Party Defendants-Appellees.

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


OPINION

DeGENARO, J.

{¶1} Defendant-Appellant, Saunders & Sons Topsoil, appeals the decision of the Mahoning County Court of Common Pleas, awarding judgment to Plaintiff-Appellee, the Acme Company, in the amount of $6,249.89 and awarding $1.00 in nominal damages to Saunders for conversion damages. Saunders asserts that the trial court erred when it only awarded nominal damages after finding that Acme had converted Saunders's topsoil...

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