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Galbraith v. Galbraith

Court of Appeals of Ohio, Fifth District

June 22, 2007

DOYLE J. GALBRAITH, et al. Plaintiffs-Appellees
v.
DANIEL W. GALBRAITH Defendant-Appellant

Appeal from the Knox County Court of Common Pleas Court Case No. 04OT030086.

For Plaintiffs-Appellees: WILLIAM J. KEPKO

For Defendant-Appellant: NOEL B. ALDEN

Hon. John W. Wise, P.J. Hon. Julie E. Edwards, J. Hon. Patricia A. Delaney, J.

OPINION

Delaney, J.

{¶1} Appellant Daniel W. Galbraith appeals from the Judgment Entry of the Knox County Court of Common Pleas awarding 9.50 acres of property in Knox County to appellees Doyle and Shirley Galbraith pursuant to the terms of a settlement agreement.

STATEMENT OF THE FACTS AND CASE

{¶2} This case involves a business dispute between two brothers and a subsequent settlement agreement which was to have resolved the dispute.

{¶3} In 1987, brothers Doyle and Daniel Galbraith formed a business relationship. Daniel agreed to purchase farmland in Knox County and Doyle agreed to farm the land with his family. Doyle paid rent to Daniel for the farmland and subsequently built a home and farming structures on certain property, known as Banning Road Farm, which remained owned by Daniel. Over the years, Daniel purchased approximately 1, 000 acres and Doyle farmed about 750 of those acres.

{¶4} In 2003, there was a family dispute which caused a rift between Daniel and Doyle. Daniel leased the farmland to a new tenant.

{¶5} On March 9, 2004, Doyle and his family filed a lawsuit against Daniel alleging breach of an oral partnership agreement.

{¶6} On December 9, 2005, near trial, the parties entered into the following settlement written agreement:

{¶7} "SETTLEMENT PROPOSAL:

{ΒΆ8} "Noel: Doyle, Shirley & John Galbraith offer [sic] resolve this case in the ...


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