Vaco, L.L.C. v. Semco Inc.

Summary

The Ohio Third District Court of Appeals reviewed a summary judgment ruling in a dispute over an oral contract for accounting services. The court held that genuine issues of material fact existed regarding the contract’s payment terms and whether the services were completed, requiring reversal and remand on the breach-of-contract claim. It affirmed summary judgment on the fraud claim and upheld the denial of Semco’s third motion to modify the case schedule; the evidentiary-affidavit issue was deemed moot.

Holdings

1. Summary judgment was improper because the evidence created genuine issues of material fact regarding when the unpaid invoices became due and whether Vaco completed its contractual duties.
2. Summary judgment for Vaco was proper because Semco could not establish justifiable reliance where its representative received a resume that disclosed Smith was not a CPA before approving his appointment.
3. The trial court did not abuse its discretion by denying Semco's third request to extend the case schedule.
4. The challenge to the exclusion of Shelby Furman's affidavit was moot because the breach-of-contract ruling was being reversed and remanded for trial.

Questions Presented

1. Whether summary judgment was improper because genuine issues of material fact existed concerning the payment terms of the oral contract and whether Vaco completed its contractual performance.
2. Whether summary judgment was proper on Semco's fraud counterclaim when Semco's representative received a resume disclosing that the assigned worker was not a CPA.
3. Whether the trial court abused its discretion by denying Semco's third motion to modify the case schedule.
4. Whether the ruling concerning Shelby Furman's affidavit required reversal.

Disposition

reversed_and_remanded