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Johnson Investment Group, Llc v. Marcum

Court of Appeals of Ohio, Second District

July 19, 2013

JOHNSON INVESTMENT GROUP, LLC Plaintiff-Appellee
v.
DONALD WAYNE MARCUM aka WAYNE MARCUM Defendant-Appellant

Civil appeal from Municipal Court T.C. NO. CVF1100741

DOUGLAS A. FANNIN, Attorney for Plaintiff-Appellee

JOSEPH P. MOORE, Attorney for Defendant-Appellant

OPINION

FROELICH, J.

{¶ 1} Donald Wayne Marcum appeals from a judgment of the Fairborn Municipal Court, which found in favor of Johnson Investment Group, LLC, dba Fairborn Transmission Service, and against Marcum in the amount of $2, 981.20, plus interest, for unpaid repairs to Marcum's truck. For the following reasons, the trial court's judgment will be affirmed.

I.

{¶ 2} The trial court found the following facts, which are supported by the record:

{¶ 3} Robert Steven Johnson is the proprietor of Fairborn Transmission Service, which is owned by Johnson Investment Group, LLC. At all relevant times, Johnson owned 70% of Johnson Investment Group; his mother held the remaining 30% interest. Johnson is the only person at Fairborn Transmission Service who provides estimates for repairs and services to customers.

{¶ 4} In April 2010, Marcum was residing with Johnson's mother at her residence in Fairborn, Ohio. One day while Johnson was visiting his mother, Marcum inquired whether Johnson could perform some transmission work on his (Marcum's) 1999 Dodge Dually 4-wheel-drive diesel pickup truck. Marcum was concerned that his transmission was slipping in second gear. Marcum told Johnson that he had bought the truck new, that he was never getting rid of it, that he wanted the transmission rebuilt, and that he wanted the best transmission possible. Johnson discussed with Marcum the type of transmission that Marcum wanted, as the price could vary widely. After discussing the desired transmission, Johnson orally provided a quote of not more than $2, 500, plus tax, for a heavy duty torque converter and a pipe pressure valve. Marcum agreed to this amount and the repairs.

{¶ 5} Marcum left the truck at Johnson's mother's home, where Johnson picked it up and brought it to Fairborn Transmission Service for the repairs. After three days, Johnson returned the truck to his mother's house for Marcum. The total cost for the parts and labor was $2, 396.45. With tax ($155.77), the total bill was $2552.22.

{¶ 6} The next time that Johnson and Marcum were both at Johnson's mother's house, Johnson told Marcum that the truck's old parts were at the shop for him if he wanted them. Johnson also mentioned that they could then take care of payment.[1] At that time, Marcum stated that he would like additional work done to the truck. After some discussion, the two agreed that the truck's differential lube would be changed and some hoses put on. Marcum was to provide his own lubricant, and Johnson quoted the price at $70 per hour for labor and $100 per hose. The total oral estimate was approximately $400 plus tax. Marcum agreed to the estimate and the work to be performed.

{¶ 7} Marcum again left his truck at Johnson's mother's residence. Johnson picked it up and took it to Fairborn Transmission Service. The repairs were made the same day, and Johnson returned the truck to his mother's house. The total cost for the parts and labor, with tax, was $428.98. When Johnson next saw Marcum, he told Marcum that the old truck parts were at the shop, where they could take care of payment. They discussed the method of payment, and Marcum indicated that he would pay in cash. Johnson agreed to this form of payment and gave Marcum some time to pay, as Johnson would incur processing charges if Marcum paid by credit card. Johnson subsequently mentioned to Marcum four to six times that he (Marcum) needed to pay for the repairs and services to the truck. Marcum consistently responded that he would pay as soon as he sold his home.

{¶ 8} On March 24, 2011, Johnson's mother passed away. A week later, Johnson received a telephone call from his sister and, as a result, went to his mother's residence and found Marcum moving out of the home. Johnson was concerned that Marcum was removing items belonging to his mother and called the Fairborn police. Johnson's sister also came to the residence.

{ΒΆ 9} While in the presence of Sgt. Stannard of the Fairborn Police Department and his sister, Johnson requested payment from Marcum for the work on the truck. Johnson asked that he and Marcum go to the shop and that Marcum pay by credit card. Marcum acknowledged that he owed the money and that he would pay, but stated that he did not have the money. After this encounter, ...


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