from the Court of Common Pleas, Case No. 2018CV00277
Plaintiff-Appellant DARREN W. DEHAVEN
Defendants-Appellees RONALD K. STARKEY ADAM M. RUNKLE
William B. Hoffman, P.J. Hon. Craig R. Baldwin, J. Hon. Earle
E. Wise, Jr., J.
1} Plaintiff-Appellant, Chris Hornacek, appeals the
March 18, 2019 judgment entry of the Court of Common Pleas of
Stark County, Ohio, granting summary judgment to
Defendant-Appellee, Madenfort Excavating, Ltd.
AND PROCEDURAL HISTORY
2} On or about August 3, 2017, the parties verbally
agreed that Mitchell Madenfort and appellee would sell an
excavator to appellant for $40, 000. The excavator was to be
delivered in November or December, 2017. At some point, the
excavator was sold to a third party, Ohio CAT.
3} On February 22, 2016, appellant filed a complaint
against Mr. Madenfort and appellee, claiming breach of
agreement and promissory estoppel. The case was referred to
mediation which was unsuccessful.
4} On February 8, 2019, Mr. Madenfort and appellee
filed a motion for summary judgment, claiming statute of
frauds (R.C. 1302.04), neither party fell under the
"merchant" exception of the statute, and promissory
estoppel was inapplicable. In an opposition memorandum filed
February 22, 2019, appellant removed Mr. Madenfort as a party
as well as the claim for promissory estoppel. By judgment
entry filed March 18, 2019, the trial court granted summary
judgment to appellee.
5} Appellant filed an appeal and this matter is now
before this court for consideration. Assignment of error is
6} "THE TRIAL COURT ERRED BY GRANTING SUMMARY
JUDGMENT IN FAVOR OF DEFENDANT ...