Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bookmasters, Inc. v. Reid

Court of Appeals of Ohio, Fifth District

July 10, 2013

BOOKMASTERS, INC. Plaintiff-Appellee
v.
RENE REID, Defendant-Appellant

Appeal from the Court of Common Pleas, Case No. 12-COA-034

For Plaintiff-Appellee BRIAN J. HALLIGAN

For Defendant-Appellant DONALD GALLICK

Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

Farmer, J.

{¶1}Appellant, Rene Reid is an author. On February 8, 2008, appellant entered into an agreement with appellee, BookMasters, Inc., called BookMasters Fulfillment and AtlasBooks Distribution Terms of Agreement. Appellee agreed to provide warehousing, direct to consumer sales support, customer service, credit card processing, and accounts receivable management regarding a book appellant had written. Appellee also agreed, under the name AtlasBooks, to distribute appellant's book to the book trade and facilitate sales. Appellant agreed to pay appellee certain fees for these services.

{¶2}On July 8, 2009, appellee filed a complaint against appellant for money due and owing, seeking $1, 131.93 plus interest. Appellant filed an answer and counterclaim, alleging fraud in the inducement, two negligence claims, breach of contract, and detrimental reliance. Appellant's negligence claims were dismissed by the trial court via partial summary judgment on July 25, 2011.

{¶3}A bench trial commenced on March 20, 2012. By decision and judgment entry filed July 12, 2012, the trial court found in favor of appellee as against appellant in the amount of $990.00. The trial court dismissed appellant's three remaining claims.

{¶4}Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

{¶5}"THE TRIAL COURT'S JULY 12, 2012 CONCLUSIONS OF LAW ERRONEOUSLY INTERPRETED GALMISH V. CICCHINI, THEREBY COMMITTING REVERSIBLE ERROR BY DISREGARDING ALL TESTIMONY CONCERNING PAROL EVIDENCE OF APPELLANT'S CAUSE OF ACTION BASED ON FRAUDULENT INDUCEMENT."

II

{¶6}"THE TRIAL COURT'S JULY 12, 2012 JUDGMENT WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AS IT FAILED TO FIND THAT BOOKMASTERS BREACHED THE CONTRACT WITH RENE REID."

III

{¶7}"THE TRIAL COURT'S JUDGMENT IS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AS IT FAILED TO FIND THAT REID PROVED HER CLAIM OF DETRIMENTAL RELIANCE BY A PREPONDERANCE OF THE EVIDENCE."

I

{¶8}Appellant claims the trial court erred in it interpretation of Galmish v. Cicchini, 90 Ohio St.3d 22, 2007-Ohio-7. We disagree.

{¶9}In her counterclaim against appellee, appellant alleged fraudulent inducement. Appellant claimed appellee made certain representations to her that she relied upon before signing the agreement, including the representation that her book could be out in the marketplace in the Spring of 2008. Appellant claimed she relied on this representation as her book was time sensitive to the 2008 presidential election. Appellant presented parol evidence via her own testimony to establish her claim.

{ΒΆ10}In its decision and judgment entry filed July 12, 2012, the trial court concluded the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.