RCI ASSET MGT., INC. v. CERNI MOTOR SALES, INC.

No. 10 MA 115.

2012 Ohio 3007

RCI ASSET MANAGEMENT, INC., PLAINTIFF-APPELLEE. v. CERNI MOTOR SALES, INC., et al., DEFENDANT-APPELLANT.

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

June 29, 2012.


Attorney(s) appearing for the Case

Atty. Bryan M. Ridder , Atty. Alan R. Kretzer , 20 Federal Plaza West, Suite M6, Youngstown, Ohio 44503, for Plaintiff-Appellee.

Atty. Stuart A. Strasfeld , Atty. David S. Barbee , Atty. Elizabeth H. Farbman , Roth, Blair, Roberts, Strasfeld, & Lodge, 100 Federal Plaza East, Suite 600, Youngstown, Ohio 44503, for Defendant-Appellant.

Cheryl L. Waite, Joseph J. Vukovich, Mary DeGenaro, Judges.


OPINION

WAITE, P.J.

{¶1} The dispute in this appeal is whether the trial court correctly returned a $25,000 deposit made by Appellee RCI Asset Management, Inc. ("RCI"), that had been paid to Appellant Cerni Motor Sales, Inc. ("Cerni Motors"), for the purchase of 50 used trucks. The sale never took place, leading to RCI to file a lawsuit in the Mahoning County Court of Common Pleas against both Cerni Motors and Terry Eddy ("Eddy"), an automobile...

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